HomeMy WebLinkAbout1970-09-21 MinutesApproved as amended:
MINUTES OF A BOARD OF ADJUSTMENT MEETING
October 12, 1970
The Fayetteville Board of Adjustment met at 10:00 A.M., Monday, 387-2
September 21, 19702 in the Directors Room of the City Administration"
• Building, Fayetteville, Arkansas.
Members Present: J. F. Palmer, Miss Susanne Lighton, J. F. Robinson.
Members Absent: Roy Clinton, Carl Yates.
Others Present: Harold Lieberenz, Jimmie Taylor, Phillip Taylor,
Nick Rogers, Pat Dailey, Dr. James Knapp, William
Thurman, David Lehn, Mrs. Lampe,
Chairman J. F. Robinson called the meeting to order.
The only item of business was a request for variances filed by
Jimmie Taylor & Company, Inc. for use of property between Duncan
Avenue and Harmon Avenue and to the South of Center Street. This
property is zoned R-3, High Density Residential District. The
applicant desires to construct 29 apartment units on the property
and requests variances as follows:
1. To erect building within 5 feet of South property line.
2. To permit parking lots to be placed flush with the ROW
line of both Duncan and Harmon Avenues.
The ordinance requires a side building setback of 8 feet and restricts
parking lots within 10 feet of street ROW lines.
Representing the application were Jimmie Taylor; Nick Rogers, Consulting
Engineer; and Pat Dailey, Architect. They stated they will build side-
walks on ROW lines of both Duncan Avenue and Harmon Avenue and will
also curb along the streets. Mr. Lieberenz noted that the 58 spaces
shown on the plan are required to fill the minimum requirements of
the zoning ordinance. The spaces shown are only 9 feet wide; however,
the ordinance does not specify a width but specifies an area of 200
square feet per space. Harmon is only 40 feet wide; the Major Street
Plan calls for minor streets to be 50 feet wide. The building will
be 63 feet off Harmon ROW; but should the street ever be widened,
some parking spaces will be lost. Mr. Robinson asked whether the
building could be moved 3 feet to the North so a variance would not
be needed on the South. Mr. Taylor said there were trees in the
courtyard they wanted to leave; also, to leave a play area for children;
and such a change in plans would narrow the drive too much. Mr. Lieberenz
was assured the overall height of the building would be 20 feet or less.`
Interested parties in the audience were invited to submit their questions.
David Lehn owns the property to the South. His lot is only 50 feet
wide and house is very close to property line. He asked where the
air-conditioning units would be placed and where the trash would be
stored. Mr. Rogers said the trash would be stored in one place on the-
North side of the buildings and behind a screen wall. Mr. Taylor said
the air-conditioning units would probably be on the ground. Mr. Lehn
objected to this.
388-2'
9-21-70 w2 -
William Thurman asked whether the fence shown on the plan would be
10 right on the North property line. He was told it would be very close
if not. He was told of the zoning requirements for the fence and a
5 foot strip separating parking lots with more than 6 spaces from
adjoining residential property.
Dr. Knapp inquired whether any excavating would be done on the North
side. He would like to have a very large old tree near the property
line on his property undisturbed. The developers promised to be very
careful about the roots of the tree.
Mrs. Lampe owns the property across Harmon from the property in
question. She was interested in the surfacing on the driveway and
parking. She was told it would be a hard surface.
Mr. Taylor offered to furnish a plot plan, topo map, or anything else
to the adjacent property owners.
The Board discussed the possibility of not granting a variance on the
South side, but of granting an alternate variance in the 5 foot strip
between the parking and property line on the North. It was .felt it
would be necessary to readvertise to do this. Mr. Taylor said the
alternate variance would be acceptable to him. Miss Lighton said
she would like to see the ordinance amended to permit the Board to
grant an alternate variance when they felt it would be in the beat
interests of the public.
The ordinance was discussed relative to the powers and duties of
the Board. Mr. Robinson asked that the City Attorney render a
written opinion. Could the Board grant a variance under these
conditions?
Miss Lighton stated that subject to the City Attorney saying the
Board has the authority to act, she moved that the Board grant
these variance requests subject to air-conditioning units being
placed on the roofs rather than on the ground. Mr. Palmer seconded.
It was approved unanimously.
The meeting was adjourned at 32:10 A.M.
October 12, 1970: September 21 minutes amended to say that the approval
of Jimmie Taylor & Company, Inc. application as to the parking spaces
included the condition that he is to build a sidewalk and curb on the two
streets. Action granting a variance on the South side setback revoked
on October 12, 1970 and a new variance requested on the North side of
the property was approved.
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