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HomeMy WebLinkAbout1970-10-12 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 9:30 A.M., Monday, October 12, 1970, in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: Roy Clinton, Carl Yates, J. F. Robinson, Susanne Lighton, J. F. Palmer. Members Absent: None, Others Present: David Malone (City Attorney), Harold Lieberena, Thomas G. Taylor, Jimmie Taylor, David Lehn, The Board met 30 minutes prior to the time scheduled for public hearings to discuss the powers and duties of the Board of Adjust- ment with the City Attorney. For some time the Board has been concerned with the limitations imposed on the Board under Zoning Ordinance 1747. Mr. Malone had been requested to render an opinion. A written opinion had been prepared and this was the basis for the discussion. On the basis of a thorough study, Mr. Malone voiced the following I opinions: 1. In hearing appeals, the Board must balance out and come up with substantial justice for everyone involved, applicants as well as adjacent property owners. 2. A variance should not be granted when it is evident someone desires to "overbuild"; variances should be for unusual circumstances or when strict application would work a hardship on property owner. 3. The burden should be on the applicant to prove to the Board that a hardship exists. 4. In theorty, not all requests for variances should be granted,* a variance should be an exception to the rule. If anytime anyone effect of the ordinance. tic 389-2 CITY ATTORNEY Conference 5. The Arkansas State Statute permits Boards of Adjustment to hear requests for variances from the literal provisions of zoning ordinances in instances where strict enforcement of the zoning ordinance would cause undue hardship . e 0 0 11. These provisions do not limit a board of adjustment to granting variances solely from bulk and area requirements as does Ordinance 1747. He felt this restriction invalid. 6. The Board should hear appeals regarding signs, etc, 7. The ordinance should be amended as it pertains to items 5 arid 6 above and also the portion applying to the circumstances and conditions resulting from the actions of the applicant should be amended to apply to use of the property which is now handled by the Planning Commission. 10-12-70 -2� 390-2 The Board thanked Mr. Malone for his study and report and for • taking the time to confer with them. The first public hearing before the Board was called at this time. Thomas G. Taylor has requested a variance to construct THOMAS G. TAYLOR a patio roof at 2355 Berry Street that would be closer to the 2355 Berry Street street ROW than permitted by ordinance. The property is in an R-1 district. Mr. Taylor represented the request. He stated that at the time he purchased the property there existed a concrete patio, 101 K 521, on the West side of the property. The former owner told him he owned all the property to the West to a fence. When he applied for a building permit to erect a patio cover, he discovered that a street has been platted there, but is not open. His application states that if the street is ever opened and it is necessary, the patio roof will be removed. Compliance with the Major Street Plan would increase the variance requested by 5 feet. The patio roof as proposed would be 20 feet from the existing street ROW. The ordinance requires that buildings be at least 25 feet from ROW. There was no opposition present. The public hearing was closed. The next application before the Board was an appeal for a variance concerning off-street parking filed by Jimmie Taylor & Company, Inc. Mr. Jimmie Taylor represented the appeal. At the September 21 meeting variances had been granted on this property lying between • Duncan Avenue and Harmon Avenue and South of Center Street to permit off-street parking to be located flush with the street rights-of-way. Also a variance was given to permit the building to be located 5 feet from the South property line on condition that the air conditioning units be placed on the roofs. Subsequent to this action, Jimmie Taylor & Company, Inc. filed for an alternate variance to permit the off-street parking area to be located only 2 feet from the North property line rather than the 5 feet required. If granted this variance, they agreed to observe the full 8 feet setback required on the South side. JIMMIE TAYLOR & CO. S. Duncan & S. Harmon Mr. Taylor again agreed to construct sidewalks and curbs on both Duncan and Harmon Avenues. He said the 16 ft. measurement between the buildings was measured from the closest points. The possibility of pulling the buildings 3 feet closer together was discussed; it was noted that the buildings would look nicer and better serve the residents if this was not done. Mr. Robinson said he felt the fact that the property owner to the North was not present indicated he had no objections. Mr. Taylor told Mr. Lieberenz there would be no heat ducts below the floor; they will be furred in. Mr. Taylor said the units could be pulled 3 ft. closer together, but that the fire underwriters preferred them to be this distance apart. Mr. David Lehn, property owner to the South, was the only adjacent • property owner present. He asked whether the air conditioning units would still be placed on the roof, if the 8 ft, setback were observed. Mr. Taylor said they would be placed on the ground against the wall. Ll I 0 10-12-70 -3- Mr. Taylor explained that the air conditioning people do not like to service roof units. Mr. Lehn said he can hear the units for the apartments existing to the North of the Taylor property. The public hearing was closed. The Board returned to a discussion of the Thomas G. Taylor appeal. It was noted that Mr. Taylor had stated he would remove the patio roof should the street ever be developed to a 60 fte width and he be requested to remove it. Mr. Palmer said he had also said if the street were ever opened he would probably sell the property and that although this could be a condition attached to the granting of a variance, this condition could not be passed on to a subsequent property owner. Roy Clinton remarked that the Major Street Plan is being studied as it has not proved to be very workable. Roy Clinton made a motion that the Board grant the variance request on the condition that Mr. Taylor will remove the patio roof if additional right of way is ever needed. Carl Yates seconded. It was approved unanimously, .eZ 391-2 THOMAS G. TAYLOR 2355 Berry Street Roy Clinton moved that the Board amend the minutes of September 21 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 and that the Board revoke the action of September 21 as to the granting of the rest of the JIt+IDfIE requested variance (South side setback); and that the Board now S. Dun approve his new requested variance (to permit off-street parking area to be located 2 ft. from the North property line.) Miss Lighton seconded. Robinson, Lighton, Yates, and Clinton voted Aye; Palmer voted Nay. It was approved four to one. The meeting was adjourned at 10:40 A.M. TAYLOR & CO.,