HomeMy WebLinkAbout1970-07-06 Minutes•
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MINUTES OF A BOARD OF ADJUSTMENT MEETING
The Fayetteville Board of Adjustment
July b, 1970, in the Directors Room
Building, Fayetteville, Arkansas,
Members Present:
Members Absent:
Others Present:
J. F. Robinson,
Lighton.
met at 10:00 A.M., Monday,
of the City Administration
Carl Yates, Roy Clinton.
Harold Lieberenz, John L. Mortensen, M. Clare
Scotten, Horace Cobb, Mr. & Mrs. Joseph McSpadden,
Chairman J. F. Robinson called the meeting to order.
The first item on the agenda was the application of John L.
Mortensen, 130 West Sixth Street, for a variance in side setback
and variance to permit an accessory building 5 feet from the
dwelling rather than 10 feet required by ordinance,
Mr. Mortensen represented the application. The building was
constructed before a building permit was obtained because the
applicant was unaware a permit was necessary. The storage
building will have a water closet in it. One reason it was
located where it is is the fact that an outdoor bathroom had
been there previously and the pipe was already there.
Mr. Mortensen said he needed the extra water closet. He has
a tentative agreement to purchase the property to his West
which would be affected most. It would work a hardship to
have to move the building, as it has a concrete floor.
Mr. Lieberenz questioned how he would prevent freezing of
the pipes in the winter.
There was no opposition present and no further questions, so
the public hearing was closed.
The second item on the agenda was the application of M. Clare
Scotten for an administrative decision regarding Article IV,
Section 8, of Zoning Ordinance No. 1239 regulating locations
of fences, hedges, etc, at intersecting streets. Miss Scotten
has built a fence at 849 Williams Street (intersection of
Williams and Harmon Avenue). The administering officials
interpret the regulations to require fences be set back a radius
of 15 feet from the ROW lines. Miss Scotten interprets the
requirements to be 15 feet from intersection of paving.
Miss Scotten represented the application. The City Attorney
has told Harold Lieberenz that the wording does not make it
clear which interpretation is intended. Miss Scotten stated
the fence is necessary to shield her small yard from the University
heating and plumbing plant across the street. The fence sits atop
an embankment which in itself obstructs visibility to some degree.
017,1570
3752
JOHN L. MORTENSEN
130 West Sixth
M. CLARE SCOTTEN
849 Williams St.
7-6-70 -2-
Harmon Street dead ends at Williams Street. Some of the buildings
on Dickson Street are closer to the street than her fence according
• to Miss Scotten, Miss Scotten submitted a letter from an adjoining
property owner approving of the fence.
The public hearing was closed as there was no further information
and no opposition present.
•
The third item on the agenda was the application of Horace L. Cobb
for a variance to permit parking inside the 25 ft front setback at
343 East Baxter Lane. Mr. Cobb has a permit to construct a dwelling
at this address. Due to the extreme contour of the land it would
be difficult to get automobiles out of the back yard at certain
times of the year. Where the house will be located the slope drops
6 feet in a 24 foot span. Mr. Cobb was present to represent, the
application.
Mr. Lieberena stated that he had measured the setbacks of the
neighboring houses. The house on the East will be 5 to 7 feet
closer to the street; the one on the West is 8 to 10 feet farther
from the street, but is 30 or 40 feet from Mr. Cobb's house.
However, this house has a wooden fence that goes up to the property
line.
Joseph and Christina McSpadden own the property on the West. They
stated they do not object to Mr. Cobbs plans, but are concerned
with how many cars he plans to park in front and how the yard will
be landscaped. Mr. Cobb answered that normally he will have: only
his one car parked there except when his children are visiting.
He does wish to do some landscaping as time goes by. The public
hearing was closed.
376-2,
HORACE L. COBB
343 East Baxter
The Board returned to the John L. Mortensen application. It was
discussed by each. Mr. Palmer moved to approve the application JOHN L. MORTENSEN
for a 9 inch setback on the West and 5 feet between the accessory
building and dwelling. Miss Lighton seconded; it was approved
unanimously.
The Board considered the M. Clare Scotten application again at
this time. Mr. Robinson said he thought the interpretation should
be taken from the ROW line, but questioned whether it would have
any effect on visibility if the fence were moved back. Mr. Palmer
stated he had examined the matter carefully. It would not increase
visibility to move the fence back; but it would ruin her yard. It
is a nice fence and makes the place look better. Mr. Lieberens
said an employee of the University Physical Plant had turned in the
complaint. No other complaints have come through the office, although
it has been heard that Al Hollingsworth who owns apartments to the
South has complained to others. Mr. Palmer again stated that the
embankment is so high it obstructs visibility. Mr. Palmer moved
that the application be approved to permit the fence to remain.
Miss Lighton seconded the motion. It was approved unanimously.
M. CLARE SCOTTEN
• The Board considered the Horace Cobb application to permit parking
inside the front setback at this time. Mr. Palmer moved that the HORACE COBB
7.&70 .3' 377-.
application be approved. Miss Lighton seconded. Mr. Lieberens
suggested it would be much better if Mr. Cobb would arrange his
drive to circle in and out rather than backing onto Baxter Lane.
This was not incorporated in the motion. The motion was approved
unanimously.
The minutes of the June 22, 1970 Board of Adjustment Meeting were
approved as mailed.
Mr. Lieberenz gave each Board member present copies of the new
zoning ordinance pertaining to the powers and duties of the Board. NEW ZONING ORDINANCE
He brought to their attention some changes under the new ordinance Powers & Duties of
and suggested that these be studied before any precedents were set Board of Adjustment
in the administration of these regulations.
The meeting was adjourned at 10:55 A.M.
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