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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.