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.
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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.
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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.
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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,
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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.,