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HomeMy WebLinkAbout1977-05-02 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday, May 2, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. • MEMBERS PRESENT: Chester House, Larry Smith, Mrs. Don Mills, Richard Osborne, David Newbern. MEMBERS ABSENT: Chairman Carl Yates, Dr. James White. OTHERS PRESENT: Bobbie Jones, Angie Medlock, Bryce Davis, James C. Williams. • • In the absence of Chairman Carl Yates and Vice -Chairman Dr. White, David Newbern, as the member present having the longest tenure, called the meeting to order. The public hearing was opened on Appeal No. 77-6, Bryce J. Davis, APPEAL NO. 77-6 on an application to vary lot area minimum for a duplex, or more Bryce J. Davis specifically, he is asking for 8,000 square feet and the required 2365 Hatfield Drive is 12,000 square feet in R-1, Low Density Residential. The Planning Commission approved a duplex conditional use request for this property at their April 25, 1977 meeting. This was approved on condition that they obtain a variance from the Board of Adjustment. Lryce J. Davis was present to represent. Bryce Davis said this property was put on the market about 6 months ago and they expected someone to purchase it and put a house on it. He said it had stayed on the market until about 45 days ago; and the only opportunity they have had to sell it was to someone who wanted to put a duplex on the lot. He mentioned that there are not very many lots in the price range of this lot. He said all of the houses immediately around (except one) are r'ented out at the present time. He said there is a sewer lift station across the street and the house to the east is a duplex. He said they felt that putting another duplex in would keep within what the neighborhood had and wouldn't hurt the neighborhood in any way. He showed the Board of Adjustment pictures of the immediate neighborhood. He said he feels a duplex is a perfect use for the lot. He stated that if this had been rezoned R-2, 8,000 square feet would be permissible. He said he agreed with the Planning Commission that it is better to go in with a variance rather than change the character of the neighbor- l.00d by changing to R-2. He said he had not had any objection to this duplex at any of the prior meetings. David Newbern asked Bobbie Jones if they would have any problem in Luilding a single-family house on this property. Bobbie Jones said a single-family house requires 8,000 square feet in R-1 so they wouldn't have any problems putting in a single- family house. She said in the R-2 zoning district a single-family house requires 6,000 square feet and 7,000 square feet for a duplex. Bobbie Jones said duplexes are permitted in R-1 only as a conditional use approved by the Planning Commission. Bobbie Jones stated that when the new zoning came into effect in 1970, duplexes were permitted in R-1 as long as they met the lot size requirement. This was changed two years later to only permit them as a conditional use. David Newbern asked if there is anything that would keep Mr. Davis from using this for a single-family house and Bobbie Jones said "no". Bobbie Jones said the Planning Commission did approve the conditional use for a duplex on this lot but they didn't have the authority to waive the lot size. David Newbern stated that there isn't anything unique about the land that would require a smaller lot size. James C. Williams said he owns the third house down on the same street. He said the area which Bryce Davis is talking about is rental, but most of it was there before 1970. He said the street is blacktopped, but it is very narrow and has no curb or gutter. He said they have a tremendous traffic problem with the residents of Scholars Inn. He said there are many pre-school age children on the street. He stated that they finally got a 25 m.p.h. speed zone posted. He stated that if you go up the street a small distance, most of the people own the house they live in. Mr. Williams stated that with the traffic IDA • • • Board of Adjustment Meeting May 2, 1977 -2- situation, this area is not suitable for duplexes. He questioned if this would strictly stay.as a duplex or would they then want to build apartments there. He said the apartments on Holly were built before 1970, before the City had a zoning ordinance to_stop them. He stated that he is speaking for himself and Jim Rand, who was working and couldn't be at the meeting. He mentioned that a lot of people who object can't be at the meeting because of the time. Richard Osborne asked if Porter Road is a dirt road. Mr. Williams said it is supposed to be blacktopped but it is torn up. Bryce Davis said he had sent out notices to all of the surrounding property owners and four return receipts and one letter had been returned. He also mentioned that the Planning Commission meeting was at 5:00 so they could have come to that meeting if they wanted to be heard. He also said it was posted for two weeks with a sign on the property. The public hearing was concluded. Richard Osborne said he is disturbed about the size of the variance. He said he isn't sure the Board of Adjustment was created to grant variances of 1/3 of what is required. He said they had turned down one recently because the variance asked for was quite large. He questioned if they have the authority to grant variances of this size. Mrs. Don Mills stated that there is not anything unique about the land. David Newbern stated that this property could be put to the use which is intended for this particular zone. Chester House said he is concerned about the fact that a higher "Board" has approved this contingent upon their granting the variance. Mrs. Don Mills made a motion to deny the request for the variance. Richard Osborne seconded the motion. The motion passed 3-1-1 with Mills, Newbern, and Osborne voting "Aye", House voting "Nay", and Smith abstaining. Richard Osborne pointed out that Mr. Davis could request a rehearing since two of the members of the Board were absent. The minutes of the April 18, 1977 meeting were approved as mailed. MINUTES The meeting was adjourned at 4:05 P. M. ) 03