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HomeMy WebLinkAbout1974-07-22 Minutes• • • gapcio -el (7- S - 97 MINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, July 22, 1974, in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Yates, James White, Suzanne Lighton, Connie Clack MEMBERS ABSENT: David Newbern OTHERS PRESENT: Robert Dale Mayo, Fred Crossett, Earl Hall, William Morton, Maryn Bassett, James A. Pennington, Don Bateman, Leta Fay Brown, Bobbie Jones Chairman Yates opened the public hearing on Appeal ROBERT DALE MAYO No. 74-20, Mr. Robert Dale Mayo, 1640 Viewpoint Drive, 1640 Viewpoint Drive application to vary setbacks. Appeal 74-20 Mr. Mayo was present and told the Board that they wanted to enclose the existing carport and add an additional carport in the front of the existing house. He said the plan was developed by professional people and will be landscaped. He stated that it will increase the value of the property and will improve the appearance of the neighbor's lots as well. Chairman Yates said that the drawing requested setback from street curb rather than right-of-way line, and that because of the lack of knowledge of property lines, it will be hard to take any action today. He added- "We know you want to build a carport within 26 ft. from the pavement. We need to know the setbacks from the pro- perty line. He thought Mr. Mayo was asking to build about 17 ft. from the right-of-way. Chairman Yates said that any variance the Board grants will be from the property line. Miss Lighton asked about the big tree to the North of the driveway. Mr. Mayo said that he would like to keep the tree. He told her that he had obtained permission from the Planning Office to enclose the existing carport and convert it into a game room. Chairman Yates said that another alternative for Mr. Mayo would be to build onto the back of his house where the porch is now. He suggested that he look at the plans and come back at the next Board meeting. Mr. Fred Crossett was present representing the neighbors of Mr. Mayo. He stated that a large part of the people would like the neighborbood to stay the way it is with- out changing the setbacks and he presented a petition signed by seven (7) neighbors which follows in full hereafter: PETITION We the undersigned residents of Viewpoint Drive, Fayetteville, Arkansas; are opposed to granting Robert Dale Mayo, 1640 View- point Drive a variance in setback for the construction of a car- port. Name S/ F. J. Crossett S/ Jennie Lou Milton S/Rose Bartsch. S/ Susan M. Tancred Genevieve Wasson Robert M. Renner William C. Adair Si gned) (signed) (signed) (signed) Address 1680 Viewpoint 1640 Viewpoint 1663 Viewpoint 1601 Viewpoint 1733. Viewpoint 1666 Viewpoint 1709 Viewpoint Drive Drive Drive Drive Drive Drive Drive to4 • • • BOARD OF ADJUSTMENT MEETING -2- July 22, 1974 Bobbie Jones read a memo. to the Board regarding a phone call from Jennie Lou Milton which she opposed the memo. Chairman Yates requested the memo be entered into the minutes and it follows in full hereafter: Jennie Lou Milton 7/22/74 1624 Viewpoint called this morning regarding the Mayo Board of Adjustment ap- peal on Viewpoint. She said she will be unable to attend the meeting this after- noon because she has just gotten out of the hospital. She stated she lives next door and feels she would be the adjoin- ing property.owner most affected 'by the variance. Mrs. Milton asked that I inform you that she opposes the variance very much. She said she has not discussed this matter with Mr. Mayo. She considered herself a good friend of the Mayo's. Mrs. Milton also said that the next door neighbor on the other side of Mr. Mayo and the neighbor directly across the street are both on vacation. in Mr. Mayo told the Board that in discussion with his wife they decided that if the neigh- bors were against the new setback that they would forget about the variance and at this time, Mr. Mayo requested permission to withdraw the variance request. The Board unanimously accepted Mr. Mayo's request to withdraw the application. Chairman Yates re -opened the public hearing to reconsider. Appeal No. 74-16, Pennington Construction Company, on an application to vary setbacks. Representative for Mr. Earl Hall - Mr. William Morton, leasee of the building. James A. Pennington stated that the original request was to discontinue parking totally in the front of the build- ing. And also, to build a cover supported by columnsover the sidewalk for two (2) reasons. 1. For esthetic values 2. To block the West sun He said that since the first hearing Mr. Hall had talked to someone in the Planning Of- fice who advised him that if parking in front of the building is removed, a subsequent tenant could not have parking there. Mr. Morton requested permission to amend the re- quest to build only a canopy or porch over the existing sidewalk and to retain the front parking. He stated that the parking would be limited and that he would discourage it generally, probably only parking his own car there on the weekends. Mr. Morton did not feel right-of-way could be dedicated because the property is owned by a trust. Chairman Yates said he understood Mr. Morton's point about the parking and liked the idea of having no parking in the front of the building as it also is unsafe to back out onto the highway. Mrs. Clack - Why not consider an entrance on the South side? Mr. Morton said that they had several back entrances and had just recently placed a new one there. Space is needed badly on the inside of the West side of the building. Chairman Yates said that the Board didn't want to grant anything that would be in detri- ment to the City as if in the future the City would want to widen College and couldn't because there was an exception made at this time. There were no further comments made, therefore, the public hearing was concluded. RECONSIDERATION Appeal No. 74-16 Pennington Construction Company 440 N. College Ave. • • • BOARD OF ADJUSTMENT MEETING -3- July 22, 1974 Chairman Yates called for discussion on the request to reopen the public hearing on Appeal No. 73-2, Leta Fay Brown, 622 Mission Boulevard, application to vary set- backs. Mr. Don Bateman, Don Canopies and Metal Products was present and represented Ms. Leta Fay Brown. He asked build within 4 ft. of the property line, (south, side) Because it had been a year since the request was originally..submitted, Chairman Yates asked Ms. Brown, who was also present, to fill out another Board of Adjustment appli- cation and to resubmit it at a later date so the request could be readvertised and a new sign posted. At that time, the Board would be happy to consider the request, he said. Miss Lighton also added that this would also give any new neighbors an opportunity to attend a public hearing and make any comments they would wish_to make. Ms. Brown then said that it would be a hardship if she couldn't cover her patio as in the winter it is a hazard to step out onto the patio covered by ice and snow. She also stated that she instructed Mr. Bateman to purchase all the necessary material for build- ing previously, not knowing that she would need a permit to do so. Chairman Yates said that the only course of action that they could take now would be to wait until a new application was submitted to discuss the request. Ms. Brown said that she would do so. RECONSIDERATION OF Appeal No. 73-2 Leta Fay Brown the Board for permission to Miss Lighton moved on Appeal No. 74-16, Pennington Con- APPEAL NO. 74-16 struction Company that the Board grant the variance to put a canopY over the existing sidewalk, as modified today; that is, a 38 ft. setback rather than 33 ft. setback as originally requested. Dr. White seconded the motion. There was no further discussion. It was voted upon and unanimously approved. The minutes of the last meeting were approved as mailed. MINUTES The meeting adjourned at 4:35 P.M. 106