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.
•