HomeMy WebLinkAbout1970-03-16 MinutesCQ��3 X
MINUTES OF A BOARD OF ADJUSTMENTMEETING 970
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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.
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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.
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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
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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.
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