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HomeMy WebLinkAbout1976-06-07 Minutes• • • MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M. Monday, June 7, 1976, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. • MEMBERS PRESENT: Chairman Carl Yates, David Newbern, James White, Chester House. (New Member) MEMBERS ABSENT: OTHERS PRESENT: Connie Clack Kenneth and Evalena Boothe, Mr. John I. Smith, Attorney Richard Wommack, Mrs. Louise Hanshew Huey, Bobbie Jones, Robin Northrop, and other unidentified persons. Chairman Carl Yates called the meeting to order. The public hearing was opened on Appeal No. 76-15, Kenneth and Evalena Boothe, for property located at 2820 Old Farmington Road, on an application requesting a variance from the City Zoning Regulations --requirement of 160 feet of actual frontage on a public street. The applicants are requesting the use of a private road owned by John I. Smith, as opposed to the required 160 feet of frontage on a public street (minimum of 200' lot width with 80% for street frontage). Mr. Boothe said that Mr. Smith has his own road and had told them they were more than welcome to use his road when they wanted to. He said he bought the property six or seven weeks ago, and that nobody knew anything about City Ordinances. Mrs. Boothe said this is where they want to make their home. They've been married 25 years, and have raised four children. Attorney Richard Wommack read a letter, into the minutes, which was addressed to the Fayetteville City Planning Commission, signed by Mr. and Mrs. Kenneth Boothe, and which follows in its entirety: APPEAL #76-15 KENNETH and EVALENA BOOTHE 2820 Old Farmington Road "June 7, 1976 "Fayetteville City Planning Commission Fayetteville, Arkansas 72701 "Re: Kenneth and Evalena Boothe Matter "Gentlemen: "The petitioners herein, Kenneth Boothe and Evalena Boothe, respectfully request a variance from the zoning ordinances of Fayetteville, Arkansas, for their particular three acres of land located in the western section of Fayetteville, Arkansas, in the general area of 2820 Old Farmington Road, Fayetteville, Arkansas; and respectfully states as follows: 1. Our life savings of $6,100.00 are invested in these three acres, and we have already borrowed $10,000.00 from a local savings and loan association with which to build our home. " 2. We feel that we are innocent of any wrongdoing in this matter. We purchased the land in good faith from Mr. and Mrs. Huey and sincerely believed that it was rural property without any building restrictions on it at the time of sale. Mr. John I. Smith had previously given us permission to use his private road and it was only when I contacted the City requesting a building permit that we found that we were "at variance" with the building codes. Only on one other occasion have we had anything to do with building a home and this was some fifteen years ago in Missouri a9 Board of Adjustment June 7, 1976 -2- when we built our own home without any type of permit or arrangements. " 3. We have been married for twenty-five years, and have raised four children and are currently renting a home in Springdale, Arkansas. We have contacted virtually every property owner in the area and they are wholly in favor of any variance in the ordinance which will enable us to build our home. 4. We have reviewed the ordinances dealing with "frontage requirements" and "public street requirements" and earnestly believe that a variance from the ordinances allowing us to build our home would not be detrimental to the people of Fayetteville, Arkansas. We simply wish to build our home on this three acres, continue to work and to live in Fayetteville. "We respectfully urge the members of the Planning Commission to grant us a waiver from the ordinances on the property as described in our petition. "We will be happy to answer any questions about the type of construction, positioning of our home or otherwise that you might have about this request and would appreciate any favorable considerations that you could give us. "Sincerely, S/Evalena Boothe S/Kenneth Boothe" Mr. John I. Smith and two neighbors were present at the meeting. Mr. Smith said he had put the road in 14 years ago, and that he would not mind having these people as neighbors. Chairman Yates asked Mr. Wommack if Mr. Smith would give a legal document granting right-of-way on this road for public use and fire trucks during emergencies. Chairman Yates asked whether this would be a dedication or an easement; were they considering a private easement with use during emergencies for them to use the road in case of emergencies for public vehicles? Mr. John I. Smith agreed and said they had intended all along for that to be a public road. It was put in their lease with the Dow Chemical Company and he thought that the lease was recorded. He said he and the owners of the road would prefer to dedicate that as a road for the City or the County or the State, to whomever it should go. Chairman Yates asked who maintains the road now. Mr. John I. Smith said they have maintained the road in the past themselves, but have not denied anybody the use of it. Mr. White asked whether that road actually touches the Boothe's property. Mr. John I. Smith stated that when the papers were drawn up for Dow Chemical Company, they described the centerline of the road and included 30 feet on each side of centerline. Mr. White asked who owns the property between the road and the property in question. Mr. Smith said that if there is any property there, he owns it --he owns everything East of the Huey's property, all the way down to Old Farmington Road. Mr. John I. Smith said that although he would like to dedicate the road to the City, he would give an individual a paper giving them the right to use the road; he had not denied anyone use of it yet. Mr. White asked if that would also take care of an easement across any property between the road and the property. Mr. Smith agreed. Mr. Boothe said the electrical company has set poles and run electricity; gas meter has been set; water meter is in. Everything is ready to go and they are waiting for a building permit. Mrs. Huey said that she did not intend to sell any more property and only sold this because the Boothes were such good friends of theirs. Mrs. Bobbie Jones said that even if the road is dedicated to the City, the Boothes would still need a variance because, although they have a 200 ft. wide lot, they would not have 80% of it at the street line. There were no further comments. The public hearing was closed. Mr. Newbern moved to grant the variance on condition that either a public dedication of the road or a satisfactory easement be entered for the purpose of all- Board of Adjustment -3- June 7, 1976 owing access by the Boothes and public safety and Fire Department vehicles to come to the property. The motion, seconded by Mr. White, was approved unanimously. Appeal #76-19 First Federal Building P.O. Box 4217 Attorney Hugh Kincaid, Warren Segraves, and A. P. Eason, Jr., were present and asked the Board's indulgence to explain a problem which had arisen in connection with the new First Federal Building and a proposed solution which they had arrived at. Mr. Kincaid explained that when the property was surveyed, they found that they actually had less property than had been conveyed to them on their deed. A portion of the variance which had been granted to First Federal Savings and Loan on June 30, 1975 had allowed them to set back 7 ft. 8 in. from the centerline of the 10 ft. alleyway on their West property line. Since First Federal also owned . the property to the West of the alley, Mr. Kincaid said they had agreed to dedicate an additional 5 ft. to widen the alley to the West. If the Board would still approve a variance to allow them to build within 7 ft. 8 in. of the centerline of the alley, after the dedication, they would be able to construct the building as planned. Mr. Chad Kumpe, Director of the Housing Authority of Fayetteville, was present and stated that this was acceptable as far as the Urban Renewal Plan was concerned. The matter was discussed among the Board of Adjustment members who then indicated that they found this acceptable and as being in conformity with the variance as granted. The Board thanked Mr. Eason and those concerned for having been able to work out their problem themselves. MINUTES The minutes of the June 7, 1976, Board of Adjustment Meeting were approved as mailed. The meeting was adjourned at 4:20 P. M. 3\ • • •