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HomeMy WebLinkAbout1973-09-24 Minutes• • • air -sus -get /U- P 931 MINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, September 24, 1973, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Carl Yates, James H. White, Albert Witte, Suzanne Lighton. Members Absent: Connie Clack. Others Present: Al Eason, Arthur Skelton, Lois Smith, City Attorney Jim McCord, Planning Administrator Bobbie Jones. Chairman Carl Yates called the meeting to order. Planning Administrator Bobbie Jones told the Chairman that Albert Witte had said he would be late because he has a class which dismisses at 3:30. He had also asked that she ask the Board to consider meeting at 3:45 P.M. from now on so that he could reach the meetings on time. Time for future meetings was set at 3:45 P.M. by general consent. MEETING TIME Chairman Yates opened the public hearing on Appeal 73-27, Mrs. Gladys APPEAL 73-27 B. Eason, 508 Forest Street on an application to vary setbacks. MRS.,GLADYS B. EASON Mrs. Eason's nephew, Al Eason,was present to represent the application. 508 Forest St. Mr. Eason stated that his aunt has arthritis and was therefore unable to be present herself. An appraiser from his office had prepared the sketch showing the existing house and the location of the proposed garage. She wants to build a new garage on the foundation of the old garage which was demolished when a tree fell on it. The old garage did not meet the minimum setbacks. Mr. Eason said that if she has to build the garage elsewhere on the property, she would have to move a gaslight and tear out the old foundation. Suzanne Lighton asked Mr. Eason if the new garage would be attached to the house. Mr. Eason said that as far as he knew, it would not be. Planning Administrator Bobbie Jones asked Mr. Eason if she still proposed to build a deck across the rear of the house. He was not aware she had considered doing this. Mrs. Jones said that she had discussed this as well as attaching the garage to the house with the Building Inspector who had gone out and talked to her. Mr. Eason said she would prefer to rebuild the garage where the old one had been. Chairman Yates said that as he understood her request, she needed a variance for a side setback of 5 ft. rather than 8 ft.; a rear yard setback of 18 ft. rather than 20 ft.;and a setback between buildings of 6.1 ft. rather than 10 ft. There was no opposition present. The public hearing was concluded. APPEAL 73-27 Chairman Yates opened the public hearing on Appeal 73-28, Arthur ARTHUR H. SKELTON H. Skelton, 4032 North College Avenue (Highway 71 North) on an 4032 N. College application to vary setbacks. Mr. Skelton was present. He said he desired to construct an addition onto his present building that would extend 4 ft. past the front of the existing building. The addition would contain office space for his business. Mr. Skelton said that originally back in 1967 when the Highway Department started taking property, he had had a permit to build an office on the front of the building. Mr. Skelton showed the location of that on his plot plan. Then the matter got clouded up and he did not know where he was or what the Highway Department was going to do out there, so he had not proceeded with the construction of that addition. 40 i Board of Adjustment -2- 9-24-73 Since 1967 the Highway Department has been tearing the road up out there. They have finally gotten it finished now. Mr. Skelton said he wanted the 4 ft. projection past the front of the existing building, so that he could put in an entrance to the office. This 4 ft. projection would only apply to a 15 ft. wide portion of the building. Chairman Yates asked if the 4 ft. projection could be scooted back and still have customers come in at the front. Mr. Skelton said he wanted to use the present front entrance for a pick up for small orders. He wanted to pull the office out of the manufacturing area and put it in the new space. Mr. Skelton said he has been running into some problems with his insurance company over his customers getting into the area where the manufacturing is taking place. It is 35 ft. from the front of the existing building to the present highway right-of-way. The Highway Department took 35 ft. off the front of his property for right-of-way. Mr. Skelton said he has plenty of parking on the north side of his building. There was no opposition present. The public hearing was concluded. Albert Witte arrived at the meeting. APPEAL 73-29 Chairman Yates opened the public hearing on Appeal 73-29, Mr. & Mrs. J. J. DALE SMITH Dale Smith, 724 West Skelton Street, on an application to vary setbacks. 724 W Skelton Mrs. J. Dale (Lois) Smith was present to represent the application. She stated that she is sentimental. They had inherited this property and there are a lot of real big trees back there. One, a ginkgo, she thought fairly rare; a large pecan; a big magnolia, as well as a bunch of other general trees. She said she would rather not have to cut the trees down. Mrs. Smith said she has talked to Mr. Tucker who owns the property on the East of hers and to Mr. Fitzgerald who owns the property on the West of hers. She owns 3 additional lots between the two lots she wants to build on and Mr. Tucker on the East. There is a house on those three lots. The house is about 60 ft. off the street. She said she plans a building 40 ft. by 60 ft. and has plenty of room up and down the street so she could turn the building the other way and could meet the minimum setback, but she wanted to keep it as far from the East property line as she could, would then have a longer front to finish out, and it would be more expensive. Chairman Yates discussed the provision in the zoning ordinance which permits the Planning Administrator to extend a zoning boundary up to 50 ft. into a lot which the zoning boundary splits and which was under single ownership on the date of the adoption of the ordinance. The lot on the west which Mrs. Smith desires to build on is zoned C-2. The lot on the east which she desires to build on is split between C-2 and R-1. Planning Administrator Jones told Chairman Yates that the building setback for the R-1 lots is 30 ft. from the street right-of-way. In answer to a question from Miss Lighton, Mrs. Smith said the building would be constructed of concrete block and told how it would be finished on the outside. She said she planned to plant some type of growth on the East side of it, so it would look as much like residential as it can. Suzanne Lighton questioned what the ordinance meant in Article 2, Section 8. Albert Witte said that his understanding was that the Planning Administrator has the discretion to chose whichever of the two zones she feels should be used whether it is the lesser or the more restrictive and extend that zone into the property. Mrs Smith said she planned to have parking in front of the building and also wanted a driveway around the building with parking in back of the building and trees. She showed a sketch of what the front of the building will look like and pictures of similar drapery shop in Bentonville. There was no opposition present. The public hearing was concluded. Suzanne Lighton moved to grant the request for a variance in setback of 40 ft. rather than 55 ft. from street right-of-way for Appeal 73-29, APPEAL 73-29 J. Dale Smith . James White seconded the motion. The motion was approved 41 Board of Adjustment -3- 9-24-73 unanimously. Reasons for approving the request wereiven g by Albert Witte as being the preservation of trees and the absence of objections from the neighbors • and the implication of the district zoning line running through the property. Chairman Yates also said the 55 ft. setback on the West and the 30 ft. setback on the East of this property justified it. James White moved that application 73-28, Arthur H. Skelton, be denied on APPEAL 73-28 the variance as requested, but that a variance be granted with the West side of the office being in line with the West line of the existing building. Suzanne Lighton seconded the motion. The vote was taken. White, Yates and Lighton voted "AYE". Witte abstained because he had not been present to hear the discussion. Chairman Yates gave the following reason for approving this application: He had 70 ft. of property between the front of his building and the highway right- of-way and the Highway Department took 35 ft. of this. He said this is sufficient reason. Suzanne Lighton moved to grant the request for all 3 variances in Appeal APPEAL 73-27 73-27, Mrs. Gladys B. Eason. Mr. White asked if this provided for a rear yard setback of 16 ft. or of 18 ft. Miss Lighton amended her motion to provide for her to build her garage on the existing foundation of the old garage and to grant a variance on the minimum distance between buildings to allow 6.1 ft. between buildings. James White seconded the amended motion. The vote was taken. Lighton, White and Yates voted "AYE". Witte abstained because he had not been present to hear the discussion. Reasons for approving this request were given as follows: James White said that a tree fell on her old garage and demolished. it. Chairman Yates said that the garage would be in line with other garages in the neighborhood. Suzanne Lighton said this is not a heavily travelled street. The minutes of the August 27, 1973 meeting were approved as mailed. The Chairman and members of the Board welcomed Mr. Jim McCord, who was present, as the new City Attorney and invited him to attend any of their future meetings that he so desired to attend. The meeting was adjourned at 4:10 P.M. LIP