HomeMy WebLinkAbout1970-02-27 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
The Fayetteville Board of Adjustment
February 27, 1970, in the Directors
Building, Fayetteville, Arkansas.
Members Present: Carl Yates, J. F
Members Absent: J. F. Palmer
/-3, / 9 %o
met at 10:00 A.M., Friday,
Room of the City Administration
Robinson, Ed Clement, Roy Clinton
Others Present: Harold Lieberenz, Ken Lazenby, Hugh Kincaid, .Ted
Wylie, Mr. & Mrs. McGehee, Olen Ogden, John
Lavallard.
Chairman J. F. Robinson called the meeting to order.
360-2
The first item considered was some old business. Ken Lazenby purchased
some property from Ralph "Buddy" Hayes on the Northeast corner of North
Olive Avenue and Dickson Street. On September 14, 1966 the Board of
Adjustment granted Mr. Hayes a variance to permit him to construct a
duplex on the property. The variance was requested as the lot is only
55 feet wide. There was no opposition recorded in the official minutes.
On June 14, 1968, the Board granted an extension of the time permitted
to obtain a building permit until July 1, 1969. Again there was no
opposition. A building permit was issued June 27, 1969, subsequest to
this Ken Lazenby had plans drawn for a building and arrangements made
to have the lot graded, surveyed, etc. On November 3, 1969, Mr. Lazenby
had a heart attack and was hospitalized until December 15, 1969. His
doctor still has not released him to work. He would appreciate favorable
consideration to an extension of his building permit.
Hugh Kincaid presented a petition opposing the extension. The petition
was signed by 13 residents of the area. Most of them were living there
at the time of the filing of the original petition. They cited a
parking problem, possible widening of the street in the future, and the
fact that after the adoption of the proposed ordinance the duplex would
be nonconforming and could not be rebuilt if it were more -than 50%
destroyed.
Mr. & Mrs. McGehee own the property to the North. They said they had
not opposed Buddy Hayes' petition because they felt sorry :for him.
They oppose Mr. Lazenby's request. Ted Wylie urged the Board to
try to decide what is best for Fayetteville.
Mr. Lazenby stated he purchased the property November 26, .1968. Parking
would be provided on the East side of the building which would be 2 -story.
Mr. McGehee stated there have been surveyors on Dickson Street. He talked
to Junior Parker who said there might be a possibility of widening.
Mr. Lieberenz gave a bridf history. The original application in 1966
does not show any opposition. Mr. Wylie and the McGehees signed a
paper in 1968 saying they had no objection to a duplex. The building
permit was issued. The Board granted a variance. Under the building
regulations, Mr. Lieberenz could have extended the building permit had
Mr. Lazenby requested it before the permit expired. There is a duplex
KEN LAZENBY
2-27-70 -2- 361-2
to the North. Under the proposed regulations it would also be nonconforming
on its 75 foot lot. It would be difficult and a variance would have to
be requested on this lot to build a single family dwelling under the
proposed ordinance.
The interested parties were dismissed.
Hugh Kincaid represented Gerald B. Jones and Anne W. Jones on a request
for a group housing project and variance for a rear setback less than
required by ordinance. The property is located on Garland Avenue
between Hickory Street and Lawson Street. A site plan was shown
setting out the placement of the proposed buildings. One of the
buildings would not have street frontage, hence the request. The
existing buildings will be removed as the new ones are erected.
Roy Clinton advised the other members of the Board that the planned
units would be within the proposed R-2 allowances and that this was
proper treatment of the matter.
Olen Ogden, a nearby resident, said he had understood there would only
be one-story buildings --some two-story buildings are planned. He
had no objection to the setback variance.
G.B. & A.W. JONES
John Lavallard who owns the property on the Northwest corner of the
Jones property and fronting on Garland objected to the plan. He objects
to the section of the legal description setting out a 10 -foot reservation
for street purposes. He pointed out that this right of transportation
was granted to only one person, the strip is narrow, unpaved, and must
be maintained by the property owners. He threatened to defend his
rights in court. Hugh Kincaid said there are other access routes, but
he believes his clients can sustain their rights to this access.
The public hearing was declared closed.
There was discussion concerning the request by Ken Lazenby„ Roy Clinton
expressed the desire to require Mr. Lazenby to furnish 4 off-street parking
spaces. Carl Yates observed that in his opinion this had already been
considered with regard to its merits; under consideration now was whether
the circumstances were extenuating enough to grant an extension.
Ed Clement made a motion that the Board allow the permit time to be
extended. Roy Clinton seconded the motion with the stipulation that
Mr. Lazenby provide 4 off-street parking spaces. Yates, Clement, and
Clinton voted "Aye." Robinson abstained due to conflict of. interest.
The motion was passed.
Concerning the Gerald Jones application, Roy Clinton moved that the Board
accept the proposal and site plan with setbacks shown on the East side
as a variance if it is a rear yard. Carl Yates seconded the motion and #
approval was unanimous.
The meeting was adjourned at 11:45 A.M.
4D 1970
of the five members of the Board was contacted by telephone May 6,
1970 regarding a dimension error in the plan. Each member expressed their
approval of the plans with a 13 foot setback on the West and on the East
for the northernmost building, or 16 feet on the West and 10 feet on the East.