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HomeMy WebLinkAbout1970-07-06 Minutes• CI 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. r L