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BOARD OF ADJUSTMENT MINUTES 334-2
The Board of Adjustment met at 4:00 p.m. Wednesday, May q, 1969 in the
• Directors Room of the City Administration Building, Fayetteville, Arkansas.
Members Present: J. F. Robinson, J. F. Palmer, Ed Clement.
Members Absent: Roy Clinton, Carl Yates.
Others Present: Harold Lieberenz, Herman A. Tuck, Denny Tune,
Dick Starr.
The meeting was called to order by the Chairman, J.F. Robinson.
The first case to be brought before the Board was a request submitted Carl Tune
by Carl Tune for a variation from the requirements of the City Zoning
Ordinance in order to erect a building on his south property line rather
than to set the building back 15 feet from his south property line as
required by the City Ordinance, Mr. Tune's south property line joins
the parking lot of the Church of Christ which is on the Northeast
corner of North Street and Leverett Avenue,
Representing Mr. Carl Tune was Mr. Denny Tune,
Mr. Robinson asked Mr. Tune how much property he owns.
Mr. Tune said that he owns the property north to the telephone company
property which is a distance of about two blocks.
•Mr. J. F. Palmer asked Mr. Tune what he was building there. Denny
Tune said that they are building a paint store. He also stated that
the Church of Christ has no objections.
Mr. Palmer asked what zone the Tune's property is in. Mr. Lieberenz
stated that the property is in an I—lA, Light Industrial District,
which requires a 15 foot set back from the side property line.
Mr. Tune said that they want to leave room for an alley over the sewer
and if they built 15 feet back from the south property line as required
by the City Ordinance, the building would be over the sewer line.
Mr. Robinson.asked if the paint _store could•.be; bu_ ilti8;-fee_t- from the.
property line of .the church,,,-,
Mr. Tune said that it is possible but that they would be losing area.
Mr. Clement asked what purpose the sewer served. Mr. Tune stated that
it had served a car wash that is not now in use.
There being no objections and no further questions, the public hearing
was closed and Mr. Denny Tune left the room.
The last request for a variance was submitted by Mr. Herman A. Tuck, Herman A. Tuck
for the Fayetteville Post Office, on St. Charles Avenue. Representing
the petition was Mr. Tuck.
Mr. Tuck is asking for a variance in order that the Post Office may
build closer to their east property line along the Central Methodist
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Church property and closer to their west property line along St.
Charles Avenue than the 10 foot setback required by the City
• Ordinances.
Mr. Robinson asked what the Methodist Church thought about the Post
Office being built next to their property line. Mr. Tuck said that
the Church had no objections.
Mr.
Palmer asked if the
new plans
gave
any more
customer
parking.
Mr.
Tuck said that there
would be
more
customer
parking.
Mr. Dick Starr, City Engineer, came in at this time to discuss this
petition with the Board. Mr. Starr said that the City is at the
point where they may be able to solve the traffic problem in this
general vicinity and that now is the time to relieve the congestion.
He stated that the plans indicate that the size of the Post Office
is going to double without help for the traffic congestion and that
he would like to see the Post Office Department get together with
their designers and come up with a solution. Mr. Starr also
stated that the City is trying to work with the Post Office on
this and would like to get something done because once the
building is built it is too late.
Mr. Tuck stated that changing St. Charles to a one way street
would help the traffic situation in the area.
Mr. Clement said that if St. Charles was made a one way street,
almost all the customers would have to come from Lafayette Street,
40
Mr. Robinson asked if the government has ever sent an engineer in
to study this problem as Mr. Starr suggested. Mr. Tuck stated that
the Post Office Department does not enter into city problems.
Mr. Robinson asked Mr. Tuck if the architect had given him enough
information for Mr. Starr and Mr. Lieberenz to actually tell if
the proposed construction would create a traffic hazard at the
driveways.
Mr. Clement stated that he believed the Board of Adjustment needed
some more information.
Mr. Robinson asked what the setbacks are supposed to be. Mr.
Lieberenz stated that the setbacks should be 10 feet to the church
property line and 10 feet toithe street right of way.
Mr. Robinson then asked how close the Post Office would be to the
street. Mr. Lieberenz stated that the west wall and the canopy
would be on the east right of way line of the street.
Mr. Tuck stated that the traffic pattern would change when the new
By -Pass opens.
Mr. Robinson asked if it would be reasonable for the government to
make a traffic study in this area. Mr. Tuck stated that the govern-
ment does not usually go into municipality problems.
335-z
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Mr. Starr said that his basic thoughts were: 1. Put the Post Office
Department in view of the traffic problem. 2. Ask the Department to
• investigate the specific problems.
Mr. Robinson stated that the real problem before the Board of Adjust-
ment was no set back on the east side and the west side being closer
to the street than the City Zoning Ordinance requires.
Mr. Tuck said that it takes a long time to get an answer from the Post
Office Department on anything and he needs the variance as soon as
possible because the Post Office is so cramped for space. Mr. Tuck
asked the Board of Directors what they wanted him to do.
Mr. Palmer stated that the plans for the future Post Office are some
improvement to what exists at the present time but he would like to
see the government come in and make a study and that this is a good
time to do it. Mr. Palmer said that he would like to postpone this
appeal to see what can be done and have the Board of Adjustment ready
to meet immediately after receiving a call from Mr. Herman Tuck.
Mr. Tuck said that the new building is expected to be ready in 1970
and that deadline needs to be met.
There being no further questions and no objections, the public hearing
was declared closed and Mr. Tuck left the room.
336-2
Mr. Carl Tune's petition was discussed again at this time. Carl Tune
• Mr. Palmer made a motion to approve this application.
Mr. Clement stated that he was against the application because he felt
that it would be taking the Zoning Ordinance out of bounds when there
is no real hardship there.
Mr. Palmer stated that Mr.
Tune could not
set the
building over the
sewer unless he changes the
sewer piping
to cast
iron pipe.
Chairman
Robinson asked
Mr.
Clement what he thought about
letting Mr.
Tune set
the building 8
feet
from the property line.
Mr. Clement said that he would agree to an 8 foot setback. Mr.
Palmer stated that even an 8 foot setback would create a lot of
extra expense for Mr. Tune which, in his opinion, would be unnecessary.
He stated that Mr. Tune is taking out a slum area there and that it
would help the church because Mr. Tune would let the church use the
paint stores parking lot on Sunday.
A motion was made by J.F. Palmer to approve the minutes of the April
3, 1969 Board of Adjustment meeting as mailed. Ed Clement seconded
the motion and it passed by a vote of 3 ayes and no nays.
It was decided to continue this meeting at 10:00 a.m. Thursday, May
8, 1969 with the other two members of the Board of Adjustment present
before taking action on the case.