HomeMy WebLinkAbout1970-01-12 Minutes*_Y�46qgcc. 30, /%740
MINUTES OF A BOARD OF ADJUSTMENT MEETING 351-2
. The Board of Adjustment met at 10:15 A.M., Monday, January 12,
1970, in the Directors Room of the City Administration Building,
Fayetteville, Arkansas.
Members Present: J. F. Robinson, J. F. Palmer, Ed Clement.
Members Absent: Carl Yates, Roy Clinton.
Others Present: Harold Lieberenz, Hugh M. Jeffus, Mr. & Mrs.
Robert W. Johnson, David Malone, Bryan Walker,
C. T. Pearson, Jr., Paul Jameson, Hugh Kincaid,
Bill Murphy.
The meeting was called to order by J. F. Robinson, Chairman.
The first item of business was a petition for a variance
submitted by Hugh M. Jeffus for use of property at 102 Skyline HUGH M. JEFFUS
Drive.
Mr. Jeffus represented the petition. He stated that he desires
to add a garage to the East of his dwelling. He proposes to also
have two bedrooms and a bath over the garage. He wishes to bring
the proposed addition out even with the front edge of the existing
front porch slab. This would allow only an 18 foot front setback.
Mr. Robinson asked whether there was room to complete the addition
• if the 25 foot front setback were observed. Mr. Jeffus replied
that there wasn't, due to the terrain of his property. He also
stated that in his opinion the addition would add to rather than
detract from the neighborhood.
There was no opposition present and no further questions, so the
public hearing was declared closed.
The next item of business was the request of R. W. Johnson for a
variance for use of property at 1634 Hots Drive. R. W. JOHNSON
Mr. Johnson represented the petition. He is currently enclosing
the existing carport and remodeling the living room. He requests
permission to erect a carport on an existing concrete slab. This
would come closer to an intersecting side street than allowed by
the zoning ordinance. Mr. Johnson asked for a 12 foot side set-
back. The carport would be enclosed on the West and North sides
only. The property is very hilly, so the carport could not be
located elsewhere. Both Hartman Avenue on the West and Sawyer
Lane on the North dead end Northwest of the property.
There was no opposition present and no further questions, so the
public hearing was declared closed.
The next application before the Board was filed by Floyd F.
Nonnamaker. Mr. Nonnamaker requested a variance for a group FLOYD F. NONNAMAKER
. housing project for property located East of Nonnamaker Drive.
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David Malone, Attorney, represented the Nonnamaker application.
• He stated his client wishes to place mobile homes on individual
lots. The proposed plan can satisfy area and bulk requirements
necessary but cannot satisfy the requirements for street frontage.
The Planning Commission recently rezoned the property 0-1, Open
Land District, which would enable the applicant to place mobile
homes on the property. The applicant does not want to put any
improvements in that will be so permanent in nature as to prevent
removal later. He does not wish to dedicate a street, therefore,
he asked for a variance for a group housing project.
Mr. Malone stated that the applicant owns all the property extending
to Highway 71 on the West, but is requesting the variance for only
150 foot lying East of Nonnamaker Drive. Chairman Robinson asked
why the property has never been subdivided. He also asked Harold
Lieberenz what the other permitted uses for 0-1, Open Land District,
property are. Mr. Lieberenz quoted the zoning ordinance on the
latter question. Mr. Robinson also asked what type of access was
planned and if there were sewer lines to serve the mobile homes.
Mr. Malone replied that a gravel drive was planned and that the
applicant would either connect to existing sewer lines if they
were available, or would install septic systems adequate to serve
the purposes. Applicant wishes to place 5 mobile homes in addition to
the mobile homes presently located on the property.
Bryan Walker opposed the application on behalf of his mother who
lives 50 feet North of the property in question. He expressed concern
41 about setbacks, utilities, and sewer service for the proposed mobile
homes. He stated the existing houses on Mr. Nonnamaker's property
are all on inadequate septic systems. There is a definite odor
problem in the area.
Mr. Lieberenz stated that the State law requires that anything
locating within 300 feet of a sewer line must connect to the sewer.
Since there was no further information or opposition, the public
hearing was declared closed.
The next application for a variance was filed by L. Grady Cowden.
The request is for Lots 1, 2, 3, 4, 5, and 6, Block 15, College L. GRADY COWDEN
Addition to the City of Fayetteville.
Tom Pearson, Jr., Attorney, represented the application. The
applicant desires 34 apartment units on the property housed in
two separate buildings. The 34 units would be allowed in a single
building, but not in two separate buildings. The applicant initially
purchased five lots and started construction. In the interim, he
acquired lot 6, also. Mr. Lieberenz said the lot area is 9,000
feet short for two buildings. Mr. Robinson asked if there would
be adequate play area for children. Mr. Pearson stated he thought
there would be as Mr. Cowden also owned the apartment complex to
the East across the street. It includes a swimming pool and play
area.
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-3-
There was no opposition present and no further questions, so the
public hearing was declared closed.
353-2
At this time, the public hearing on the application of Washington
General Hospital was opened. The Hospital is asking for an
exception provided in the zoning ordinance on appeal to the WASHINGTON GENERAL HOSPITAL
Board of Adjustment. The exception would be for property located
on the Southeast corner of the intersection of North Street and
Highland Avenue.
Bill Murphy, Attorney, was present in behalf of the application.
Paul Jameson, Attorney, opposed the application. He requested
the Board to continue the hearing for at least a week. Several
interested persons were unable to attend this meeting: Carl. Rose
is undergoing surgery. Bill Good and a number of instructors
at the University were also not present. Chairman Robinson
expressed his desire that the entire Board of Adjustment be present
to consider the application.
Bill Murphy, Attorney for the applicant, and Hugh Kincaid, another
attorney for the opposition, both agreed to continuing this case
on Monday, January 26, 1970, at 10:00 A.M. The public hearing
was adjourned until that time.
There followed a discussion on the history of the Nonnamaker
property. The property has never had a subdivision plat filed
and recorded on it. Eight or ten years ago, Mr. Nonnamaker
dedicated a street in order to obtain a building permit.
The Jeffus application was reconsidered at this time. Mrs. Rowden,_
a neighbor had voiced her approval of the petition to the Office HUGH M. JEFFUS
of City Planning. Ed Clement moved that the request to allow a
variance for an 18 foot front setback be approved. J. F. Palmer
seconded the motion. It was approved unanimously.
J. F. Palmer made a motion to approve the application of R. W.
Johnson for a variance for a 12 foot side setback along an R. W. JOHNSON
intersecting street. Ed Clement seconded the motion and it was
approved unanimously.
There was a brief discussion of the L. Grady Cowden application.
Mr. Lieberenz said he wasn't sure why, but subsequent to filing L. GRADY COWDEN
the appeal, the applicant has requested a building permit connecting
two building. The building plans show no windows on the walls
between the two buildings. Ed Clement moved that the request for
a variance be approved as petitioned. J. F. Palmer seconded, and
it was approved unanimously.
The Floyd F. Nonnamaker application was discussed at length. J. F.
Palmer observed that if these are not permanent buildings, Mr. FLOYD F. NONNAMAKER
Nonnamaker is in effect proposing a mobile home park. Mr. Palmer
-49 moved the petition be denied as in the opinion of the Board, this
would come under the classification of a mobile home park as defined
1-12-70 -4- 354-2
in the City mobile home park regulations in Ordinance No. 1509
rather than a group housing project. The Board of Adjustment
recommends that this be processed as a mobile home park, that the
regulations as set out in the mobile home park ordinance be
followed, and that this proposed development be presented to the
Planning Commission for approval. Ed Clement seconded the motion.
It was approved unanimously, and the request for variance was
denied.
J. F. Palmer moved the minutes of the December 8, 1969, Board of
Adjustment meeting be approved as mailed. Ed Clement seconded.
It was approved unanimously.
There followed a discussion concerning the problems surrounding
the application of Washington General Hospital.
The meeting was adjourned at 11:30 A.M.
•
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APPLICANT
Kenneth H. Cates
Rev. James Cheshire - Ark. District
Arkansas District Council
Assemblies of God
E.J. Guise
City of Fayetteville - R. Fullbright
Hugh M. Jeffus
R.W. Johnson
Floyd F. Nonnamaker
L. Grady Cowden
Washington General Hospital
Hugh M. Jeffus
R.W. Johnson
L. Grady Cowden
Floyd F. Nonnamaker
Washington County General'Hospital -
Washington County General Hospital
Ken Lazenby
G. B. & A.W. Jones
Walter Tincher
North Street Church of Christ
United Pentacostal Church
John and Wanda Tuttle
Administrative Review
William Bassett
William Bassett
Walter Tincher
North Street Church of Christ
United Pentacostal Church
John Tuttle
First Church of Christ Scientist
Jack Tuttle
Helen Edmiston
He3enTEdmiston..
taaknTnttletca%
Loris Stanton
B.F. Ross - 1441 South West Ave.
B.F. Ross - 1441 South West Ave.
Gerald Halpern -1635 Hotz Drive
Herman Truck- U.S. Post Office
Gerald Halpern
Council
Public Library
N. Street & Highland
John L. Mortensen - 130 West Sixth Street
M. Clare Scotten - 849 Williams St.
Horace L. Cobb - 343 East Baxter
John L. Mortensen
M. Clare Scotten
Horace Cobb
New Zoning Ordinance - Powers & Duties of B. of As.
Trinity United Methodist Church - 1642 North Garland
Trinity United Methodist Church
Fayetteville Motor Change - Bahl # Behl
Beulah Lee Batson - 15 South West Avenue
Administrative Decision - Business Signs
Administrative Decision - Off -Street Parking
iii
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APPLICANT PAGE
Methodist Church (380-2
Beulah Lee Batson ( 381 2
Fayetteville Motor Exchange 381-2
Mrs. Cora V. Elkins - 1310 Cato Springs Road '382_2
Tripity Methodist Church 382-2
'Mrs: ,Dora V. Elkins o3 2
•.Trinity -Methodist Church ; 383=2
Hanna Marine 600 West Sixth Street X384 2
Homer Drain - 943 South Washington 1384.2
Dr. Lushbaugh & Cole - Lollar Lane 384=2
Hanna Marine - 600 West Sixth Street 385-2
Homer Drain - 943 S. Washington 385-2
Lushbaugh & Cole - Lollar Lane 11385-2
City Hospital & Geriatric Center - 221 South School 386-,2
Jimmy Taylor & Co. Inc. - Duncan Avenue 387-2
City Attorney - Conference 3g1 2
Thomas G. Taylor-?2355-Berry,.Street _� f S' , t aij.- 390-2
'Jimmie Taylor%ACo._�PS-. Duncan,&_ S.+ Harmon __,. 390-2
Thomas G. -Taylor; - 2355. Berry Street ,, -? - ;. 391-2?
`Jmie
im7Taylor.&,Co :Inez-_^cS:.Duncari & S.- Harmon, 391-2
Bill Graue '1644"Ramsey-Ave.- ! 392-2�
Trew & Jack Lockhart - 1655 Ramsey Ave. 393-2
B & M Sign Co. -14-16 North East 393;2
Monsanto Company - North College Avenue 395-2
Wi.nwood Development Co. - Winwood Estates 395.2
C.T. Peareon,Jr.- S. School & Sixth Street 396'-2
Helen Edmiston - 1552-1554 Ramsey 397 2
R.E. Talbert - 3324 Martin Ave. 397 2
Mr.& Mrs,'Harris" Rhea - 210 West Lafayette Street 399-2
Monsanto Company -College & Dickson 399-2
McIlroy Bank & Industrial Finance Co. -Meadow St.& E..Ave. 400-2
McIlroy/Bank & Industrial Finance Co.
Mr. & Mrs, Harris Rhea
Monsanto Company
A-1 Auto Supply Co. -901 North College
Jack Burge Const. Co. -Highway 62 West
Ray Phillips - 103 West Sixth Street
Villa Mobile Home Park - North College Ave.
Jack Burge Const. Co. - Highway 62 West
Ray Phillips - 103 West Sixth Street
C.T'. Pearson, Jr. - Sixth Street & School
Jack Burge Const. Co.- Maple & College
B & M Sign Co. North College - (A & W Root Beer)
B & M Sign Co.
Jack Burge Const. Co. - Maple & College
Jack Burge Const. Co. - Highway 62 West
Ray Phillips - 103 West Sixth Street
C.T. Pearson, Jr. - Sixth & South School
E.J. Guise - Oklahoma Way
C.T. Pearson, Jr. - Sixth Street & School Ave.
C.T. Pearson, Jr. - Sixth Street & School Ave.
E.J. Guise - Oklahoma Way
B & M Sign Co., Inc.-J.D. Fisher Buick College & Township
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