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HomeMy WebLinkAbout1972-03-27 Minutes1J • MINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, March 27, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Carl Yates, Roy Clinton, Suzanne Lighton, Connie Clack, James White (new member). Members Absent: None. Others Present: Harold Lieberenz, Pete Young, B. E. Franke, Richard Wommack, Warren Segraves, John Mahaffey, Vida Drake, Russell Purdy, David Malone, Chairman J. F. Robinson resigned following the last previous meeting, so in the absence of a chairman, Roy Clinton presided at this meeting. The first item on the agenda was the public hearing on Appeal No. 72-8, Whit Chevrolet, Inc., 2395 North College Avenue, on an application APPEAL 72-8 to vary setbacks, postponed from March 20, 1972. Warren Segraves, WHIT CHEVROLET, INC Architect, and Richard Wommack, Attorney, were present on behalf of 2395 N. College Ave the application. Richard Wommack requested a variance in the setback from Township Road. He said Township Road has an equal amount of right-of-way on each side of the Township line on the East side of College Avenue; but that there is 40 ft. right-of-way all on the North side of the Township line on the West side of College Avenue. The legal description for the subject property begins 5.50 feet South of the Township line. He felt half of the additional. right- of-way needed should come off the property to the North rather than figuring the center line for the right-of-way to be the Township line. The public hearing was closed. The next item on the agenda was the public hearing on Appeal No. 72-11, Jeff L. Griffin for Sun Oil Company, 126 North College Avenue, on APPEAL 72-11 an application to vary lot area for service station and setback of SUN OIL COMPANY building, postponed from March 20, 1972. B. E. Franke was present 126 N. College in lieu of Jeff Griffin. He requested a variance in lot area for a service station and a setback variance from Spring Street. He said the area variance was critical to the company, but if the setback variance were refused, they would have no problem except it would throw the building out of alignment with the canopy. Carl Yates requested Mr. Franke give the circumstances involved in the request for a variance. Mr. Franke said the property has been involved in various courts since approximately 1967. The Supreme Court has ruled Sun Oil Company must vacate the East 7 to 8 feet of the property presently occupied. In about 1880 a mistake was apparently made in a survey of boundary lines and the property they have has decreased in width from 104 ft. East and West to approximately 86 ft. East and West. He said they must have the variance in order to continue in operation at this location. The public hearing was closed, as there were no objections stated. The next item on the agenda was the public hearing on Appeal No. 72-12, APPEAL 72-12 Mrs, Vida Drake, 123 Pump Station Road, on an application to vary MRS. VIDA DRAKE setbacks. Mrs. Drake was present. She said her back porch and present 123 Pump ^Station 3-27-72 -2- 49 garage are ready to fall down. She proposes to build a new garage and a utility room to the West of her dwelling with the North line of the addition in line with the North line of the dwelling, which is only 14z feet from the right-of-way of McClinton;Street. After Mrs. Drake answered a few questions, the public hearing was closed. The Board returned to consideration of Appeal 72-8, Whit Chevrolet, Inc. Harold Lieberenz illustrated the problem confronting the Planning Office. The zoning regulations say that before a building permit can be issued, they have to set back the amount required by zoning plus the amount required by Major Street Plan. David Malone, City Attorney, said there have been lots of problems at that particular intersection and the Board of Directors is trying to straighten out the intersection. The City survey crew has tried to locate the existing property lines. The real question is whether the Arkansas Highway Department has any right-of-way. Mr. Malone said they probably have a good claim to right-of-way through adverse possession. He suggested the City ask the.Highway Department to set where they believe the Township line is and tell the City how much right-of-way they have. Carl Yates said he thought the Board needed more information and moved to defer action on this appeal until David Malone has had time to contact the Highway Department and get the City and State surveyors together and come back with an analysis of that. Connie Clack seconded. The motion passed unanimously, APPEAL 72-8 The Board next discussed further Appeal 72-11, Sun Oil Company. APPEAL 72-11 Suzanne Lighton moved to disallow the 4 ft. setback variance request and grant the request for a variance in lot area. There was no second; therefore Miss Lighton amended the motion to grant the request for variances as requested. Connie Clack seconded. In discussion, Carl Yates said he felt there is a hardship since they have been operating for a number of years there and because of court action they are required to either go out of business or move the building 5 ft. to the West. Miss Lighton said she thought they also had a hardship and it was through no fault of the applicant. The vote was taken; the variance requests was approved unanimously. Suzanne Lighton moved to grant the variance request of Mrs. Vida APPEAL•72-12 Drake, Appeal 72-12. Carl Yates seconded. It was approved unanimously. The minutes of the March 13, 1972, Board of Adjustment meeting were MINUTES APPROVED approved as mailed. Roy Clinton asked Connie Clack to act as Chairman for the rest of ELECTION OF the meeting. Mrs. Clack consented. Roy Clinton then made a motion OFFICERS to elect Carl Yates as Chairman of the Board of Adjustment. Suzanne Lighton seconded. Mr. Yates was elected unanimously. Chairman Yates requested a vice-chairman be elected and entertained a motion for a vice-chairman. Conne Clack nominated Roy Clinton. Suzanne Lighton seconded the nomination, then moved that the nominations be closed and Mr. Clinton be appointed by acclamation. It was done. The meeting was adjourned at 4:10 P.M.