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HomeMy WebLinkAbout1970-07-27 Minutes1470 379=? MINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 10:00 A.M., Monday, July 27, 1970, in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: Miss Suzanne Lighton, J. F. Robinson, J. F. Palmer. Members Absent: Carl Yates, Roy Clinton. Others Present: Wade Fincher, Aaron Behl, Harold Lieberenz, Beulah Lee Batson, Tom Holt, J. W. Gable, Rev. Dewey Dark, Wesley Howe. Chairman J. F. Robinson called the meeting to order. The Trinity United Methodist Church application adjourned from July 13, 1970 was to have been the first item on the agenda. TRINITY UNITED METHODIST John Lineberger, Attorney for Tom Holt, was detained. Mr. Holt CHURCH opposes the application. With the permission of Rev. Dewey Dark this case was deferred until later in the meeting. The next item on the agenda was the application of Jack L. Behl and Aaron Behl, Jr., dba Fayetteville Motor Exchange, for a FAYETTEVILLE MOTOR EXCHANGE variance for property located at the Southwest corner of the (Betel & Behl) intersection of Eleventh Street and West Avenue. Wade Fincher and Aaron Behl, Jr. represented the application. The property is located in the I-1, Heavy Commercial and Light Industrial District. An existing building which is too small for the proposed use is located 15 feet from the South side property line. The applicant desires to extend the building to the West with the extension also being 15 feet from the South property line. The zoning ordinance requires structures in the I-1 district to be 25 feet from a side property line, or 50 feet from a side property line if contiguous to a residential district. This property is contiguous to a residential district on the South side. In the application Mr. Bahl had requested to extend the building 30 feet. He stated that after giving the matter some thought, they might need to extend it 40 feet to the West. Mr. Behl presented some photographs taken of the property and adjacent properties. He stated a portable building in front of the existing building will be moved. He would like to place his business sign where the existing one is. Mr. Lieberenz asked that he consult his office prior to having a sign made or erected. No opposition was present. The public hearing was closed. The next item on the agenda was the application of Beulah Lee BEULAH LEE BATSON Batson, 15 South West Avenue, for a variance for property 15 South West Ave. located on the Northwest corner of the intersection of West Avenue and Mountain Street. Mountain Street has never been opened at this point. There is existing a concrete driveway which comes to the edge of the street right of way. The roof overhang 7-27-70 -2- would encroach on the right of way by about 2J feet but would not encroach -on the actual paving should it ever be paved. Also, the carport would be 14 feet from West Avenue rather than 25 feet, and only 6 feet from the house rather than 10 feet. Miss Batson does not wish the carport connected to the house as she has awnings on that side of the house and besides the slab is already located away from the house. Miss Batson said she had once asked Mayor Brown about cleaning up the right of way and he told her the City would not do it; if she wanted it cleaned up to do it herself. She said he also told her she could tear out the old concrete slab and pour the existing one in its place; to "do whatever she wanted to with it," It was noted that Miss Batson had commented the carport would be constructed in such a manner it could be removed, should the City ever desire to improve the right of way. There was no opposition and the public hearing was closed. 380.2 The next item on the agenda was a request for an administrative ADMINISTRATIVE DECISION decision by the Building Inspector. Use condition regulations on Business Signs Page 62 for "C" District under (b) (1) permit 1 square foot of sign space for each 2 feet of building frontage. A property owner feel this should be interpretated 1 square foot of sign space for each 2 square feet of building frontage. The Building Inspector and Planning Administrator do not interpret this to mean 2 square feet but 2 lineal feet. It was noted that the owner could erect a 300 square feet outdoor advertising sign on a vacant lot across the street from the business. The Board of Adjustment agreed with the Building Inspectors and Planning Administrator's interpretation. The next item on the agenda was another request for an ADMINISTRATIVE DECISION administrative decision by the Building Inspector. Referrdng Off -Street Parking to Pages 65, 67, and 93 of the zoning ordinance, Mr. Lieberenz explained that off-street parking spaces plus space for circulation and maneuvering off the street are required for all new, remodeled, etc. structures both residential and commercial. If a literal interpretation is to be made, this would mean that even single family dwellings could not be built so that the occupant would be permitted to back into the street. The Board agreed that according to the wording this would be the literal interpretation. A builder of duplexes has raised objections to this requirement. The Board suggested this problem be placed before the Planning Commission to ascertain if it might be necessary to amend these requirements. It was felt this was meant primarily for multiple housing. John Lineberger still had not arrived at the meeting. Rev. Dark METHODIST CHURCH told the Board he had an appointment in about ten minutes. The Board expressed their concern about allowing a variance for 45 feet. J. W. Gable had made a physical survey of the properties and felt the Church might actually be closer than 7 feet to the property line. Mr. Holt claims expansion of the Church would damage his property values. With agreement of all parties concerned, the hearing was further continued until Monday, August 3. The minutes of July 6 and July 13, 1970 were approved as mailed. 7-27-70 -3- The Board returned to their consideration of the Beulah Lee Batson • application. Mr. Lieberenz explained that the case had beer, brought to him a long time ago. He had been of the opinion that the slab was on right of way, but later access to surveys in the area proved it not to be. The Board could have acted on an appeal under the Ordinance No. 1239. The current ordinance places the property in I-1, Heavy Commercial and Light Industrial, and residential uses are prohibited in this zone. The Board cannot render a variance to permit a prohibited use; however, David Malone, City Attorney, has stated that he feels the Board can handle this case either under Ordinance 1239 or Ordinance 1747 due to the past and active history of the case. Mr. Howe explained he had been contacted by Miss Batson earlier this year also and that she has been actively trying to obtain some help on this. He agreed with Mr. Lieberenz the reason_for'the delay was not the fault of the applicant. He further stated that he did not think the Board could be considered as setting a precedent by approving this case, since the delay for filing the formal application lay with the City rather than the applicant. Miss Suzanne Lighton moved that the Board grant Miss Batson"s petition since the fact of her not filing the application until after the ordinance (No. 1747) was adopted was no fault of her own. J. F. Palmer seconded the motion. It was approved unanimously. It was again noted that there is no occasion where a matter has been dealt with this intensively on other cases and therefore shouldn't set a precedent. 381-2 J. F. Palmer moved that the Board approve the request for a variance as requested by Jack L. Behl and Aaron Behl, Jr. FAYETTEVILLE MOTOR EXCHANGE Miss Lighton seconded the motion and it was approved unanimously. The meeting was adjourned at 11:30 A.M. •