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HomeMy WebLinkAbout1969-02-28 Minutes0 " (-z - 322-2 BOARD OF ADJUSTMENT MINUTES The Board of Adjustment met at 4:00 p.m., Friday, February 28, 1969, in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: J. F. Robinson, Roy Clinton, Carl Yates, J. F. Palmer. Members Absent: Ed Clement. Others Present: Paul Young, Jr., Claude C. Sullivan, Mr. Winscott, Mrs. Eona Green, Mr. and Mrs. Dwight Dodson, Ewell Cowan, Mrs. Helen Edmiston, Earl R. Dalton, Irene Smith, Mr. and Mrs. Trueman W. Russell, Bob Hannah, Charles McWhorter, William Test, Harold Lieberenz. The meeting was called to order by the Chairman, Mr. J. F. Robinson. John H. Barnhill The first variance appeal to be acted upon was submitted by Mr. John H. Barnhill, for a variance from the City Zoning Ordinance in order to obtain approval of a group housing project in a R-2, Two Family Residential District. Mr. Barnhill was represented by Paul Young, Jr. There being no one present in opposition to the variance and no questions from the board members, the public hearing was closed. Mr. Young left the room. Claude C. Sullivan The next request for a variance was from Claude C. Sullivan. The applicant requests the variance in order to obtain approval of a group housing project in a R-2, Two Family Residential District. Representing the application was the applicant, Claud C. Sullivan. Mr. Lieberenz, City Building*Inspector, stated that one of the main problems of this application is that the back lot area does not front on a dedicated street. Mr. Robinson asked if the street in question is an alley. Mr. Lieberenz replied that it is being used for an alley. Mr. Clinton asked where the parking area would be for the duplex. Mr. Sullivan answered that one parking place would be the three car garage. The rest could park in the rear yard. Mr. Yates asked what the access is to the existing duplex. Mr. Sullivan said that the alley in question is the access to the property. Mr. Sullivan stated that the alley has been in existance for nine (9) years and that the property owners allowed him to widen the alley. Mr. Winscott, of the audience, spoke in favor or letting Mr. Sullivan build the duplex because he alxays keeps his property up well. 323-2 - 2 - i Mrs. Eons Green 'Mrs. Eona Green, whose property joins Mr. Sullivan's on the East, also spoke on Me can. She said she did not believe that there was 7 feet between her property and Mr. Sullivan's garage. She said that one end measured a little more than 5 feet and the other end measured a little more than k feet. She asked if the garage would be moved when the proposed duplex was built. Mr. Sullivan said that the garage would be kept for future use and that he did not know that the garage was not 7 feet from Mrs. Green's property line. Mrs. Green stated that she is not in favor of the application. There being no further questions the public hearing was closed and the applicant left the room. C:;Dwiaht Dodson The third request for variance was from C. Dwight Dodson. Mr. Dodson is requesting a variance in order to build an addition to the existing residence which will be four (4) feet closer to the front right-of-way property line than is required by the City Zoning ordinance No. 1239. Representing the request was the applicant, Mr. Dwight Dodson. The Chairman asked Mr. Dodson if he would have the room to build this addition on the east side of the dwelling. Mr. Robinson then asked Mr. Dodson how his present house lines up with the other houses in • the area. Mr. Dodson said that it sets back from the street further than a lot of the other existing residences. Mr. Lieberenz asked if the proposed addition will be a business office. Mrs. Dodson said that it will be a study. There being no further questions and no one present in opposition to the variance, the public hearing was closed. Mr. and Mrs. Dodson left the room. The next petition was from Mr. Ewell Cowan. Mr. Cowan is requesting a variance—` order to build an addition onto an existing warehouse. This addition would line up with the existing warehouse but would be only 15 feet from Prarie Street instead of the required 25 foot set back from the street. Mr. Cowan stated that he wanted this addition for a storage room and wanted it large enough to pull a truck into. Mr. Lieberenz said that the only problem would be the set back from the street. Mr. Cowan then asked if he could build a concrete slab with a roof over it on the opposite (west) side of the proposed addition. There being no one present opposing the request and no further questions, the public hearing was closed. Mr. Cowan left the room. 324-2 -3- • The next variance rezuested was from Mrs. Helen Edmiston. Mrs. Edmiston is requesting a variance in order to build residences which will be either closer to the rear property line or closer to both the front and rear property line than is required by the City Zoning Ordinance. Representing the application was the applicant, Mrs. Helen Edmiston. Mrs. Helen Edmiston The Chairman said that he can see that it is an irregular piece of property. Mrs. Edmiston said that the problem was building a house on the irregular size lot. She said that she did not want to make the house different than the other ones around it. She did not believe that the neighbors would mind the set back problem if the building would enhance the neighborhood, Mrs. Edmiston stated that only the over hang of the house went over the legal set back lines and that she could not find anything else that was big enough and nice enough.to build on the lot. Mr. Earl R. Dalton Mr. Earl R. Dalton, the abbuting property owner, was present. He stated that he was not against the variance but he would like to see a house built that would fit the require- ments of the City Zoning Ordinance, Mr. Dalton said that if the Board granted the variance, he would like to have the difference divided between the front and rear which would be a 23 foot set back in the front, and a 28'rear set back. • There being no further questions, the public hearing was closed and Mrs. Edmiston left the room. Mr: Trueman W. Russell The last request for variance was by Mr. Trueman W:;Russell. Mr. Russell is requesting a variance in order to permit his property to be used for nursery purposes and is also requesting a variance from the regulation for 1,000 square feet of lot area for each pupil. Representing the application was Mrs. Irene Smith, of the Stanton Company, and Mr. and Mrs. Russell. The proposed nursery will support about 80 children and will accept children from 6 weeks to school age. Mr. Robinson asked where the parents would unload the children. Mr. Russell said there is 40 feet of space in the back and he is proposing a horseshoe drive with the traffic in one direction around the drive. He said that the drive would be wide enough for two cars. Mr. Robinson asked how long the proposed drive would be. Mr. Russell said the drive would not come all the way to the property line. He could not say exactly how many feet long it would be but it would hold a large number of cars. • Mr. Robinson asked where the fence would go. Mr. Russell said that it would go around the back area to provide a play area. 325-2 -4- Mr. Robinson asked if the ground drained well. Mr. Russell said that it did. Mr. Clinton asked Mr. Russell what his occupation was. Mr. Russell said that he was a chicken farmer. The chairman asked if this was his first experience with a nursery of this type. Mr. and Mrs. Russell said they have had experience with their grandchildren and the neighbors children. Mr. Russell said that the people in the trailor park across the street were in favor of the variation. Mr. Bob Hannah, who owns the property, is in favor of the nursery. Mr. Charles McWhorter asked what this project would do in relationship to the traffic, and said that there is a traffic problem on South Duncan now. He said that the street is already very heavily travled and may not be able to handle another 60 or 70 cars. The time of day that the children would be coming in is the busiest traffic time. The Chairman asked if Mr. Russell planned to put sidewalks in. Mr. Russell said that he would do his part to help put sidewalks in. Mr. William Test asked if this rezoning would mean that these two lots could eventually be: sold as commercial lots. He stated that he was worried about his property value. The Chairman stated that the property would be rezoned only for permissive use. Irene Smith stated that the children would not all be coming and going at the same time. Mr. Hannah said that 40 children, more or less, would be coming from the trailer court across the street, which he felt would ease the traffic problem. There being no further questions, the public hearing was closed and Mr. and Mrs. Russell left the room. On discussing the Russell variance Mr. Clinton raised the question of whether the play area per child should be 100 square feet rather than 1,000 square feet as stated in the Ordinance of June 1969. Mr. Clinton asked Mr. Lieberenz to look into this matter further and to see if he could possibly find the original ordinance. Mr. Yates stated that he was not in favor of the nursery because of the traffic problem. Mr. Clinton stated that he would like to see more child care centers. He would like to table the case to find out if there is a mistake in the ordinance. Mr. Clinton made the motion to table this case until the next meeting. The motion was seconded by Mr. Palmer. 326-2 -5- • Mr. Yates left the meeting at 5:20 p.m. At this time the Board returned consideration to the application of Mr. John Barnhill. J. F. Palmer made a motion to approve the request and the motion was seconded by Roy Clinton. The motion carried by 3 ayes and no nays. On a motion by Roy Clinton and seconded by J. F. Palmer the Board approved the request of Claud Sullivan by a vote of 3 ayes and no nays. The next request to be voted on was the request of Dwight Dodson. A motion was made by Roy Clinton to approve the request and was seconded by J. F. Palmer. The vote was 3 ayes and no nays. A motion was made by Roy Clinton to approve the request of Ewell Cowan and was seconded by J. F. Palmer. The motion was carried by a vote of 3 ayes and no nays. The last request was the request of Helen Edmiston, The Board decided to permit the applicant to build using the 23 foot front set back and 28 foot rear set back instread of the 26 foot rear set back. A motion was made by J. F. Palmer to pass the request on this condition and was seconded by Roy Clinton. The vote was 3 ayes and no nays. There being no further business, the meeting was adjourned at 5:25 p.m. C� J •