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HomeMy WebLinkAbout1972-08-28 MinutesE 0 MINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, August 28, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Carl Yates, Connie Clack, James H. White, Suzanne Lighton. Members Absent: Roy Clinton, Others Present: Luther Flora, Walter Niblock, C. 0. Hammond, Esther White, Leo Peel, Mr. Wilder, Mrs. E. K. Hooper, Pete Young, Russell Purdy, Chairman Carl Yates called the meeting to order, The public hearing on Appeal No. 72-25, Luther Flora, for property on the North side of Township Road West of Highway 71 on an application to vary setbacks was opened. Mr. Flora was present. Mr. Flora requested a variance to permit him to build 80 ft. from the centerline of Township Road rather than 90 ft. from the centerline of Township Road because of a creek which runs across the property. He felt if he put the building farther back it would cause a wash problem in the future. Also, he wanted room to drive a large truck around the building and between the building and the creek, The proposed building allows for possible future expansion of the business. He also requested permission to build a mansard style roof across the front of the building which would only be 22J ft. from the side property lines rather than 25 ft* He said the building would be steel with a masonry front. The Board reviewed a survey of the James A. Pennington property, of which this is a portion, Mr. Yates said his opinion was that the City was goin8 to have to consider that the existing centerline of Township Road is going to be the future centerline of Township Road, and not, the Township Line as the centerline in this area. It was noted that Township Road gets well off the Township Line in some places. Mr. Yates asked Mr. Flora whether he had considered obtaining additional property so he would not need a side variance. Mr. Flora said that he would have to purchase at least 100 ft. additional and could not afford to do so. There were no further questions and no comments from the audience. The public hearing was closed, APPEAL 72-25 LUTHER FLORA Township Road The public hearing on Appeal No. 72-26, Walter R. Niblock, Attorney for APPEAL 72-26 C. 0. Hammond, at ux, for property at 1001 South Hollywood Avenue on WALTER NIBLOCK an application to vary setbacks and also for an administrative ruling Ce 0, HAMMOND with regard to lot frontage was opened, Both Mr. Niblock and Mr. Hammond 1001 Hollywood were present. The applicant requested a variance to permit a setback of � 17 ft. rather than 25 ft, from the right-of-way of unopened Magnolia Street, Mr. Niblock said the street dedication goes the depth of the lot to the edge of the subdivision. He said he could not conceive of it ever being opened. Also, Mr. Niblock requested an administrative ruling regarding "lots of record". Mr. Hammond had purchased Lot 2, Block 12 and recorded the deed in 1966. He had sold the lot on contract to Mr. Carter in 1968, but had not recorded a deed of the transaction. In 1971 he had purchased the adjacent Lot 1, Block 12 and recorded the deed, Mr. Niblock said that although Mr. Hamnond still has legal title to both lots, Mr. Carter has substantial equitable ownership. The two lots in question are both non- conforming in lot width. There were no further questions or comments from the audience, The public hearing was closed. 8-28-72 .2. The public hearing on Appeal No. 72-27, Leo Peel, 2356 Juneway Terrace, on an application to vary setbacks was opened. Representing the appeal APPEAL 72-27 were Esther White, Attorney, and Leo Peel. Miss White stated that LEO PEEL they had also brought Mr. Wilder who has purchased the lot immediately �356 Jun to the South of Mr. Peelfs because they had failed to submit his name to the Planning Office as an adjoining property owner. Miss White said Mr. Peel bought the property in 1955, subdivided it in 1960 and reserved this particular lot for himself. He was not aware of the Major Street Plan requirement until he built the house to the West, He did meet the full setback requirement on that house. He requested permission to build this house 25 ft. from the right-of�way of Township Road instead of 45 ft. from the right-of-way of Township Road. He wants to face his house to the West because of the view. Mr. Wilder said he would like to'see a house on the lot rather than a vacant lot, Mrs. E. K. Hooper, property owner to the East was present but did not oppose the request, There were no further questions; the public hearing was closed. The Board discussed further the application of Leo Peel, Appeal No. 72�27- Mdss Lighton was worried about the future of Township Road should the APPEAL 72-27 variance be granted. Mr. White felt the main part of the house could be turned to face North, Both Mr. Yates and Mr. White said they had checked the other houses on the South side of Township toward the East, and that most of them are set fairly well back. Mr. White moved that the Board table Appeal No. 72-27 and give the applicant a chance to come back with a revised plan without re -advertising so he would not need as much variance as he had requested. Miss Lighton seconded the motion. The motion was approved unanimously to table the appeal, Connie Clack stated that in view of the extreme unlik7elihood of Magnolia Street ever being opened and the virtual impossibility of constructing APPEAL 72-26 any house on that lot that would meet the setback requirements on both sides she moved the variance request of Walter R. Niblock, Attorney for C. 0. Hammond, Appeal No. 72-26, be granted. James White seconded. The motion was approved unanimously. The Board discussed the definition of "lot of record" and the section ADMINISTRATIVE of the zoning ordinance regulating non -conforming lots of record. It RULING ON NON - was the concensus of the Board that the definition of a lot of record CONFORMING LOTS particularly as it pertained to ownership of non -conforming lots of OF RECORD record should be interpreted not only as applying to title on record in the County Court House, but that "other docunented proof of equitable ownership'l,should be accepted also, provided it predated June 29, 1970. James White moved that the variances requested by Luther Flora, Appeal No. 72-25 be granted. The Board discussed the appeal further with APPEAL 72-25 Mr. Flora. Miss Lighton seconded Mr. White's motion. Yates, White, and Lighton voted "Aye;" Clack voted "Nay." The variances were approved. Mrs. Clack said she was not opposed to the variance in setback from Township Road, but felt the applicant should meet the side setbacks, The minutes of the August 14, 1972, Board of Adjustment meeting were approved as mailed, 40 The meeting was adjourned at 4:53 P.M*