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HomeMy WebLinkAbout1973-05-25 Minutes• • • MINUTES OF A BOARD OF ADJUSTMENT MEETING ofrao - ?s- 73 The Fayetteville Board of Adjustment met at 3:30 P.M., Friday, May 25, 1973, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Connie Clack, James H. White, Carl Yates, Albert Witte. Members Absent: Suzanne Lighton. Others Present: Ray White, Frank McDonald, Russell Purdy, J. C. Jones. Chairman Carl Yates called the meeting to order. Chairman Yates opened the public hearing on Appeal No. 73-16, Frank McDonald, 1825 Susan Drive, on an application to vary setbacks. Frank McDonald and J. C. Jones, his contractor, were present to represent the application. Mr. McDonald said he had misunderstood the setback requirement.APPEAL 73-16 He thought it required 25 ft. from the curb of the street instead of the FRANK McDONALD property line. They dug their foundation to allow a setback of 28 ft, then 1825 Susan found they were too close. He said he understood that when the subdivision was platted the setback for a side street was 15 ft. He said he had also heard that Susan Street would be cut off when the property to the West is developed in the future. He had contacted the adjoining property owners and they did not oppose the variance. If they have to move the house back 12 ft. they would have to cut down two trees. Chairman Yates asked the depth of the porch on the house. It is 6 ft. deep, so a variance of 9 ft. is needed for the porch or a variance of 3 ft. for the house itself. Chairman Yates asked Bobbie Jones, Planning Administrator, what she knew about Susan Drive. She and Mayor Russell Purdy reviewed the history of this. The street is dedicated and considered a street only to the West boundary of this subdivision. Past that point it is simply a private access point opened up by the developer. Since it has not been dedicated and developed to minimum street standards, the Board of Directors had the street barricaded at the end of its public dedication. The developer then took the matter to court and the City was ordered to remove the barricades, but at periodic intervals the street is to be barricaded again to prevent its becoming a public street through use. Chairman Yates noted that although the previous zoning ordinance did allow a setback from a side street of 15 ft., this house faces onto Susan Drive and the minimum setback would still have been 25 ft. James White asked the width of the pavement on Susan. It is 26 ft. wide Chairman Yates asked how far South the house could be moved without losing trees. Mr. McDonald said he would lose one if he went any farther South, but could go 4 ft. and only lose the one. James White asked what kind of trees they are. The nearest one is an elm, the other two are a cedar and a post oak. Albert Witte asked what the likelihood of Susan ever being widened is. Mayor Purdy said it is not on the Major Street Plan. Mr. McDonald said that Benny Winborn had told him that if he bought the Vinzant property he would close Susan Drive off. J. C. Jones said that if a man were to draw a house to fit in with the trees, the house plan drawn would be the best to fit on the lot. Mr. McDonald agreed that he had made a mistake, said this is to be his personal home, and asked for lenience from the Board. Mayor Purdy said he had no comments other than the observation that if Susan is ever widened, it would be very close to his house. There were no further questions and no opposition present. The public hearing was concluded. • • Board of Adjustment 5-25-73 -2- Connie Clack said that in view of the fact that he does have an adequate sized lot and considerable other trees on the lot, her feeling is that it is not the hardship that would be sufficient cause for granting a variance. He would have to dig some of his footing again. He has plenty of room in all other directions to shift things around. Chairman Yates asked her if she felt that way even with the lose of the trees. She said she really hated that feature, but felt the elm tree will be lost anyway. She is sorry about the mistake, but he would be setting a precedent if the street ever does go through and other houses are built. It seems if one gets closer to the street, the others feel they ought to have the same priviledge. James White said he felt like Mrs. Clack on this. He asked if this will be a Winwood address. Bobbie Jones said the permit was issued originally to 1825 Susan Drive. Albert Witte said he had no thoughts on this other than wondering about putting it back 4 more feet. There seemed to be some reference to somehow splitting the difference and trying to save those other two trees. He said he might be inclined to do that. Chairman Yates said what bothers him is he is not sure he could still save those other two trees if the Board gave him a 4 ft. variance. Mrs. Clack said if you build right next to a tree, it would be touch and go as to whether or not you could save them. James White said the post oak is a pretty good sized tree. He said he could live with giving him a 5 ft. variance and having a setback of 20 ft. instead of 25 ft. James White moved to grant a 5 ft. variance permitting him to save his trees rather than the 9 ft. variance he had requested. Albert Witte seconded the motion. White, Yates, and Witte voted "Aye." Clack voted "Nay." The motion carried. Mr. McDonald asked how far he would have to move the building from the curb. Chairman Yates said he did not know how far it would have to be from the curb, but that it would have to be 20 ft. from the property line. The minutes of the May 14, 1973, Board of Adjustment meeting were approved as mailed. The meeting was adjourned at 4:00 P.M. �3