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HomeMy WebLinkAbout1970-03-16 MinutesCQ��3 X MINUTES OF A BOARD OF ADJUSTMENTMEETING 970 362-2 The Fayetteville Board of Adjustment met at 10:00 A.M., Monday, March 16, • 1970, in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: J. F. Robinson, Carl Yates, Ed Clement, Members Absent: Roy Clinton, J. F. Palmer. Others Present: Harold Lieberenz, Walter Tincher, John Tuttle, Leslie Howell, Rev. Ray Hassell, Walter Niblock, Truman Smith, Jim Nall, The Chairman called the meeting to order and asked for presentation of the first applibation. The Bassett application was passed for the time, as there was no one to represent the case. The next item on the agenda was an application by Walter Tincher for a variance for property located at 820 West North Street. Mr. Tincher WALTER TINCHER desires to build an addition onto his dwelling with a rear setback of 5 feet rather than the 25 feet required by ordinance. Mr. Tincher explained that the existing house is presently only 5 feet from the rear property line and he wishes to line the addition up with the existing house. None of the nearby owners have voiced any objections to him concerning this. There was no opposition present, so the public hearing was closed. The next item on the agenda was an application by the North Street • Church of Christ for a variance to enable them to build an addition North Street onto the existing church building located on the North side of North CHURCH OF CHRIST Street and on the East side of Leverett Avenue. The applicant requests permission to build 331 feet from the Leverett Avenue property line rather than the required 55 feet required by ordinance. Also, the present total acreage of approximately 1i acres is less than the 2 acre requirement for churches in the R-2, Two Family Residential District. Churches are permitted in the R-2 District on appeal to the Board of Adjustment. Leslie Howell represented the application. There was some discussion on the possible future widening of Leverett and also on the number of parking spaces the church would have. Mr. Howell explained that the church has an agreement with Carl Tune to permit the church use of his parking areas on Sundays in exchange for his customers using the church parking lot throughout the week. The proposed addition would be 8 feet closer to the street than the existing building. There being no further information and no opposition, the public hearing was declared closed. The next application before the Board was filed by the United Pentecostal Church requesting a variance to permit expansion of the existing church at 904 West Fifteenth Street and located within a R-2, Two Family Residential District. The proposed addition would be closer UNITED PENTECOSTAL CHURCH • to the rear property line than the 55 feet required by ordinance. Also, the total lot area is less than the required 2 acres. 3-16-70 -2- 363-2 Rev. Ray Hassell represented the application. The proposed addition would be used as an educational center. He stated the building would 10be 45 feet from the rear property line. The Board questioned Rev. Hassell on the number of parking spaces available. Rev. Hassell stated that none of the adjacent property owners had voiced any objections to him about the addition. There was no further information and the public hearing was declared closed. The next application was filed by John and Wanda Tuttle of 611 West 11th Street. Mr. Tuttle represented the application. The applicant is requesting a variance in order to build 2 bedrooms and a garage JOHN & WANDA TUTTLE on the East side of the dwelling. The proposed addition would come within 8 feet of an intersecting street rather than the 15 feet required by ordinance. The Board discussed the application with Mr. Tuttle. Mr. Tuttle stated that this was partially to obstruct the view of a cemetery across University Avenue from his patio. The public hearing was declared closed. The Board next entered into a discussion on the problem of auto salvage yards, auto repair shops, and used car lots in regard to storage of non-operative vehicles. Mr. Lieberenz explained that the question ADMINISTRATIVE REVIEW submitted for review was brought about due to a service station on Garland Avenue in a C-1, Neighborhood Commercial District. lie stores wrecked and disabled cars on his service station lot until they can • have permanent disposition made of them. The adjacent property owners have complained. The service station does no salvage or "junk dealing". They are merely a holding agent. A tract of property has been located on College Avenue in the C-2, Thoroughfare Commercial District, owned by Hatfield Motor Company. They desire to level and fence the lot and use it for storage of these disabled vehicles until they are claimed or settlement is made by the insurance companies. Mr. Lieberenz asked the Board to make a distinction, if possible, between this type of operation and an auto salvage yard. There was considerable discussion. Each of the Board members present terided to think that in effect this would still be operating an auto salvage or junk yard, although no actual stripping would be done here. Truman Smith, Lawyer, arrived to represent the William Bassett appli- cation bypassed earlier. He stated Mr. Bassett was ill and unable to attend. He gave a brief history of the application. Mr. Bassett had started construction, then found he had no permit to cover the addition. Mr. Lieberenz stated he could not issue a permit without WILLIAM BASSETT a variance due to insufficient setback. East Avenue is a dead end street. The addition is to be used to house a barbecue tank. Mr. Bassett requests to be permitted to build to within 1 foot of East Avenue rather than the 15 foot required by ordinance. Mr. Robinson remarked that it was very difficult to use land in this particular area due to the terrain. • The public hearing was declared closed as there was no further information. 3-16-70 -3- 364-2 The Board resumed their discussion of the individual applications. • Ed Clement made a motion that the application for a variance by William Bassett be granted. Carl Yates seconded. Approval was WILLIAM BASSETT unanimous. Ed Clement asked Harold Lieberenz if the home occupation being carried on by Walter Tincher was permitted under the ordinance. Mr. Lieberenz stated that if the signs were removed, he could continue the operation on a hobby basis. Carl Yates moved that the variance requested by Walter Tincher be approved. Ed Clement seconded the motion. Approval was unanimous. The Board discussed the North Street Church of Christ application. Concern was expressed over the possibility of the future necessity of widening Leverett Avenue and the closeness of the building to the Leverett Avenue right of way. Mr. Robinson noted that marry times in the primary stages of building it was difficult for churches to see the need for 2 acres of land, but he felt the requirement has proven vital. Carl Yates moved that the application for variance be approved; Ed Clement seconded the motion. Approval was unanimous. Ed Clement noted that under the proposed ordinance, churches would have to go before the Planning Commission for approval rather than before the Board of Adjustment. WALTER TINCHER North Street CHURCH OF CHRIST • Ed Clement moved that the application of United Pentecostal Church UNITED PENTECOSTAL for a variance be approved; Carl Yates seconded the motion. Approval CHURCH was unanimous; however, the Board considered it advisable to remind the applicant that they should conserve their space available for parking needs as the church expands. The Board discussed the probable safety hazard that would develop if the John Tuttle application were approved. Vehicles traveling North on University and South from 11th Street must turn this corner. They also felt there was other space on the property where the addition could be located. Ed Clement moved that the application for a variance be denied due to the safety factor. Carl Yates seconded and tYe motion was approved.. The Board expressed their regret to not accomodate the request, but felt the vision and safety factor to be overriding. Jim Nall arrived to discuss the problem of storage of disabled vehicles with the Board of Adjustment. He operates a wrecker service and must have vacilities to store disabled vehicles until they are removed by owners or insurance companies. He stated that he did no work whatsoever on the vehicles. He further stated that the sale of gasoline will not support service stations. He does some storage for the State and City Police. The lot he desires to use would be enclosed by a solid fence. Mr. Yates suggested that someone should come up with one common holding lot that all the • wrecker services could use. He suggested that the Planning Commission should better define this and related uses. JOHN TUTTLE 3-16-70 -4- 365-2 The members of the Board each indicated that their thinking con— cerning this use had changed. They instructed Harold Lieberenz to proceed with the issuance of the necessary permit. Mr. Robinson suggested that the minutes pertaining to the application of the Washington General Hospital be altered to add in the reason for denial the safety factor and also that there is available parking space to the North. He asked that the Board wait until all the members could be present to approve the minutes of January 26, January 30, and February 27, 1970. The meeting was adjourned at 12:10 P.M. 0